Friday, March 6, 2009

Same-Sex Marriage Ban: California Supreme Court Hearing (Mar. 5, 2009)

Well, I've been watching the replayed hearing on C-Span and, as an opponent of Prop. 8, am utterly disappointed in the arguments by its opponents.

With the exception of Maroko, none of the lawyers seems to have given much thought to the questions they would be asked, especially since they are presenting an admittedly novel argument: that the difference between an amendment and a revision is relevant only when considering the structure of government, not inherent rights.

Their arguments, to this non-lawyer, were weak. Their presentations (Maroko excepted) were weak. Their answers to questions were, to be kind, unimpressive.

Ken Starr (a man I truly despise), on the other hand, was masterful. He was prepared for the questions he got. His responses were to the point.

My guess: the court will let Prop. 8 stand but will not make it retroactive.

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