Bench Memos

Anti-Prop 8 Trial: Week 1

I haven’t been closely following the day-to-day testimony in the anti-Prop 8 trial, but from various accounts I’ve read from folks on both sides (and on no side), the first week appears to have consisted of a lot of droning from left-wing academic partisans of same-sex marriage on issues that might bear on some people’s judgment on the policy question of how marriage should be defined but that would seem of dubious relevance to the constitutional question.  Plus, the cross-examinations by counsel for the Prop 8 sponsors have been very effective in discrediting much of the academic testimony.

I’d particularly recommend the summaries provided by the Alliance Defense Fund, though I’ll highlight that ADF, far from being neutral on the matter, is part of the team defending Prop 8.