Prop 8 appeal argued in SF
The landmark legal battle over California’s ban on same-sex marriage was in front of a federal appeals court panel in San Francisco Monday.
Famed attorney Ted Olson told a three-judge 9th Circuit Court of Appeals panel Monday that the reasons Proponents of Proposition 8 proffered to justify their ban on same-sex marriage are “nonsense.”
Olson: “If that was a justification, it would equally warrant banning comic books, television, video games and coversations with other children.” (Gallery laughs)
Olson was referring to a reason used by Yes on 8 during the 2008 political campaign –that Proposition 8 was necessary to prevent children from becoming prematurely occupied with sexuality. He noted that that is not the reason they offer in court.
Proponents, represented by conservative attorney Charles Cooper, argued that Proposition 8 could be justified by the need to preserve society’s interest in promoting an optimum environment in which children can grow up.
The judges gave very thorough scrutiny to the question on merits but gave perhaps even more consideration to whether Yes on 8 and a deputy clerk for Imperial County have the legal right to bring an appeal at all — “standing” in legal jargon. The judges appeared to consider the possibility of asking for a declaration from the California Supreme Court as to whether it intended to convey standing on Yes on 8 when it allowed the pro-ban coalition to defend Proposition 8 at the trial level.
The panel is expected to render its decision on both the standing issue and the constitutionality of Proposition 8 within a few months.
–Lisa Keen, Keen News Service