We’re getting down to where the rubber meets the road.
The challenge brought against Proposition 8 by Olson and Boies is in the Federal Court.
And look at how the argument is lining up.
Olson and Boies are claiming that Proposition 8 violates the U.S. Constitution by denying equal rights to gays and lesbians.
The judge, Chief U.S. District Judge Vaughn Walker of San Francisco, refused to stay Prop. 8, citing too many legal complications, but insisted the case should go to trial so things like the history of discrimination against gays and lesbians and the intent and effects of the state constitutional amendment could be properly considered.
And what does the attorney for the defence of Prop. 8 Brian Raum have to say?
No need for a trial, he says.
"We think this is an issue of law" that does not depend on disputed evidence, Raum said. For example, he said, questions of past persecution of gays and lesbians are irrelevant because Prop. 8 allows them to marry, as long as they wed someone of the opposite sex.
Can we have that again?
no discrimination as long as they wed someone of the opposite sex.
Hmmm. Let me think on that just a bit.
We’re not prohibiting the use of alcohol as long as you limit yourself to water.
We’re not limiting who you can marry as long as you limit yourself to someone fertile and make babies.
We’re not telling Jews who to worship as long as they worship Jesus Christ.
We’re not telling you who your friends can be as long as you limit yourself to blinkin’ idiots.
Well, at least we know where to find them.