January 11, 2010
Having spent most of the day ill and abed, I've not done a ton of reading or writing. And the Supreme Court would not allow YouTube to simulcast or delay-cast the trial despite the trial judge's order that it should. (Query as to why all trials and indeed all court proceedings are not available in this way. Courts are supposed to be public.) Therefore I commend to you the excellent summary of this most critical of trials available here -- although the source is pro-SSM (as am I), there appears to be some effort to fairly present the arguments offered in favor of defending Proposition 8. Nevertheless, those arguments appear to me to be intellectually very weak, the only reason I can think of to approve of them is simply that they were the will of the majority and there are limits to the effect that the majority's will can take effect under our Constitutional system. At the end of the day, it appears that the case will come down to Romer v. Evans sort of argument -- was the ballot initiative animated by anti-homosexual bias, and if so, does that violate the Equal Protections Clause? That's a lot of eggs in one basket.