Recommended Reading/Viewing in the Wake of Prop 8 Ruling

David Boies, The Wall Street Journal, July 20, 2010: “Why Ted Olson and I are working to overturn California’s Proposition 8.” Excerpts:

Basic constitutional rights cannot depend on the willingness of the electorate in any given state to end discrimination. If we were prepared to consign minority rights to a majority vote, there would be no need for a constitution.

There are those who sincerely believe that homosexuality is inconsistent with their religion—and the First Amendment guarantees their freedom of belief. However, the same First Amendment, as well as the Due Process and Equal Protection clauses, preclude the enshrinement of their religious-based disapproval in state law.

Alex Pareene,, August 4, 2010: “The Anti-Gay Right Responds to the Prop 8 Ruling.”

David Boies addresses the Commonwealth Club of California, August 5, 2010: “Overturning Prop 8.”  Excerpt:

Cross examination is a wonderful thing. It’s easy to go around giving speeches, making pronouncements, even answering a question or two, if there’s no follow-up. But getting up on the witness stand under oath and having to answer question after question after question is a powerful crucible for truth. In the final analysis, even the defendants’ own chosen experts admitted that they had no evidence—none—that allowing gays and lesbians to marry could in any way harm heterosexual marriage. And yesterday the court found that as a fact.

Dahlia Lithwick,, August 4, 2010: “A Brilliant Ruling.” Excerpt:

It’s hard to read Judge Walker’s opinion without sensing that what really won out today was science, methodology, and hard work. Had the proponents of Prop 8 made even a minimal effort to put on a case, to track down real experts, to do more than try to assert their way to legal victory, this would have been a closer case. But faced with one team that mounted a serious effort and another team that did little more than fire up their big, gay boogeyman screensaver for two straight weeks, it wasn’t much of a fight. Judge Walker scolds them at the outset for promising in their trial brief to prove that same-sex marriage would “effect some twenty-three harmful consequences” and then putting on almost no case.

Andrew Sullivan, The Daily Dish, August 9, 2010: “The Unique Quality of ‘Lifelong Heterosexual Monogamy'”

Jerry Large, The Seattle Times, August 8, 2010: “A Reasonable View of Gay Marriage.”

Anthea Butler, Candace Chellew-Hodge, and Peter Laarman, Religion Dispatches Magazine, August 9, 2010: “Talking Prop 8: Of Rites and Rights.”

Rachel Maddow, MSNBC, August 4, 2010: “Pro-Prop 8 Case in Perry Hinged on 2 Witnesses Tied to Reckers”

Rachel Maddow, MSNBC, August 4, 2010: “Prop 8 Ruling Rich with Facts”

Rachel Maddow, MSNBC, August 4, 2010: “Anti-Prop 8 Attorneys Discuss Victory.”

Robert P. Jones and Daniel Cox, Religion Dispatches Magazine, August 6, 2010: “‘Moral and Religious Views’ and Proposition 8.”

Andrew Sullivan, The Daily Dish, August 5, 2010: “Does it Matter That Walker is Gay?”

Igor Volsky, Think Progress, August 8, 2010: “Ted Olson to Chris Wallace on Marriage Equality: ‘Would you Like Fox’s Right to Free Press Put up to a Vote?'”


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