Prop 8 Trial: A Case of Right and Wrong

Gay couple


The final arguments in the Prop 8 trial were held yesterday in California.

Prop 8, some will remember, was the 2008 California ballot question that ultimately banned gay marriage in the state. This was after thousands of couples had been legally married in the state during the months when marriage was legal.

Arguing for the ban to be reversed was conservative Ted Olson -- who represented George W. Bush when he was in the White House -- partnered with David Boies, who represented Al Gore in the 2000 Supreme Court decision that put Bush in the White House.

Odd pairing, no?


According to Reuters:

"Throughout the case, Olson and Boies argued that the ban discriminated against one segment of the population by denying them the fundamental right to marry and that same sex marriage was no threat to heterosexuals."

I couldn't agree more.

And while there were fireworks in the courtroom yesterday when "a lawyer defending the prohibition said he did not need evidence to prove the purpose of marriage," the reality is homosexuals will end up with the right to marry.


Because it is right. I see few political issues as black and white. Abortion? I support abortion rights, but I see the other side. Immigration? Taxes? All have shades of gray.

But this? This is black and white. One side is right and one side is wrong.

The other side balks at the word "bigot," claiming that: "If children are born into the world without this stable, marital union both of the parents that brought them into the world, then a host of very important, very negative social implications arise .... The purpose of marriage is to provide society's approval to that sexual relationship and to the actual production of children," according to Chris Cooper, the attorney for keeping the ban.

Does that mean that couples without children or who do not plan to procreate shouldn't be allowed to marry? In fact, the gay parents I know are more stable and loving than many straight parents. It's not about protecting marriage, it's about bigotry. Because anyone who wants to protect marriage should have bigger fish to fry with shows like The Bachelor and couples like Speidi. How do two gay men who have been in love for decades affect marriage?

The decision in this trial is expected sometime this summer, but I know this will be an embarrassing episode in our nation's history and I, for one, am very glad my grandchildren will be able to say their Nana was on the right side of it.

Do you have an opinion on this case?


Image via Keshet: GLBT inclusion in the Jewish Community/Flickr

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