Landmark Prop 8 Trial to Begin Today

Judge Vaughn Walker's findings are extensive, well-reasoned

(NEWSER) - Judge Vaughn Walker’s masterfully written ruling striking down Proposition 8 “was written for a court of one,” namely Anthony Kennedy, writes Dahlia Lithwick of Slate . Walker quotes extensively from Kennedy’s own findings (see Quotes, left), and his “findings of fact” section “knits together the trial evidence … to the nerves at the very base of Justice Kennedy’s brain.” These findings are so rigorous that “it’s hard to read Judge Walker’s opinion without sensing that what really won out was science, methodology, and hard work.” More»

He'll be thinking of legacy, and 50 years out this will be obviously right

(NEWSER) - Now that a federal judge has ruled in favor of overturning Proposition 8, all eyes are on the Supreme Court, and more specifically, on one man: Anthony Kennedy. The perennial swing voter seems likely to swing this case, too, and Nate Silver of FiveThirtyEight.com thinks he’ll swing it in favor of gay rights. Intellectually, Kennedy could probably make an honest argument for either side, so Silver figures external factors will probably win out (despite, he notes, the fiction that external factors don't sway justices). More»

High court says gay marriage trial can't be on YouTube, yet

(AP) - The Supreme Court is blocking a broadcast of the trial on California's same-sex marriage ban, at least for the first few days. The high court today said it will not allow video of the trial to be posted on YouTube.com, even with a delay, until the justices have more time to consider the issue. It said that the order will be in place at least until Wednesday. More»

(NEWSER) - California’s gay marriage battle continued today as lawyers for the American Foundation for Equal Rights announced a lawsuit challenging Proposition 8 and called for the restitution of marriage rights while the suit is decided, the Los Angeles Times reports. The lawyers—Theodore Olson, then the solicitor general, and David Boies—were on opposing sides of Bush v. Gore in 2000. They plan to file suit on behalf of two same-sex couples denied marriage licenses because of Prop 8. More»

Prop. 8 case could set stage for Supreme Court battle

(NEWSER) - California’s ban on gay marriage gets another day in court: The Ninth Circuit Court of Appeals will hear arguments related to August's ruling that Prop 8 is unconstitutional today, likely moving the issue closer to the Supreme Court, the Wall Street Journal reports. There won’t be new evidence or witnesses presented to a trio of judges, who will focus on legal issues involved—including whether backers of the ban have legal grounds to fight a lower court’s decision that called it unconstitutional. More»