Proposition 8 Challenge Goes to Court

This week the federal district court in San Francisco began hearing arguments in a case challenging the constitutionality of Proposition 8, the state’s ban on same-sex marriage. 

Attorneys David Boies and Theodore B. Olson, who were opposing counsel arguing the fate of the 2000 election, are now working together to overturn Proposition 8 on equal protection grounds.

The judge has ordered that the trial be video taped and distributed online.  The defense opposed such an order, arguing fears that witnesses will be harassed.  Others, who support same-sex marriage, believe that taping the trial will provide a “‘powerful teaching moment.'” Jesse McKinley, Two Ideological Foes Unite to Overturn Proposition 8, NY Times, Jan. 10, 2010; 

See also Jesse McKinley, Personal Focus as Same-Sex-Marriage Trial Opens in California, NY Times, Jan. 11, 2010.