That is inevitable, and this case challenging Proposition 8 may be the vehicle to drive the question of what constitutes marriage to the High Court.
“Scholars, gay and lesbian partners and opponents of same-sex
marriage are expected to testify about the nature of marriage and
homosexuality during an unprecedented federal trial Monday to determine
whether gays and lesbians may marry.
“The case, Perry vs. Schwarzenegger, is expected to become a
landmark that eventually will be decided by the U.S. Supreme Court.
Both sides have hired leading legal advocates with lots of experience
before the high court.”
This is just how both sides in pivotal social/moral clashes prepare
for an eventual showdown before the Supremes. Look at the heavyweights
lined up for this precedent-setting challenge to traditional marriage.
And he dramatic staging.
“Actually putting witnesses on the stand has never been done before
in any lawsuit claiming a right to same-sex marriage,” said Proposition
8 campaign attorney Andy Pugno. “So this is a very out-of-the-ordinary
“David Boies, a lawyer for the challengers of the ballot measure,
said he expected the case would reach the Supreme Court in the fall of
“This is the first time that you will have this kind of record being
made” on the social, religious and legal implications of same-sex
marriage, said Boies, who represented former Vice President Al Gore in
Bush vs. Gore, the Supreme Court case that gave George W. Bush the
“Theodore B. Olson, a conservative attorney who represented Bush in
that case, is working with Boies to overturn Proposition 8. They were
hired by a nonprofit created by a political strategist and
entertainment-industry activists to bring the lawsuit.”
And on the side defending Proposition 8 (the legitimate expression
of voter sentiment in a ballot initiative), mounting a defense of the
institutional of marriage in society and civilization?
They’re not mentioned. Only this:
“But Proposition 8’s sponsors, contending the broadcast might
intimidate witnesses and incite retaliation, appealed his decision all
the wayto the U.S. Supreme Court. A decision by Justice Anthony M.
Kennedy is pending.”
Fortunately, citizens who want to be informed and engaged in these
moral/cultural debates don’t have to rely on bad reporting by what is
sometimes still referred to as ‘mainstream media’. In fact, bad
reporting only motivates the electorate to look through the
proliferation of good sources to find the truth.