Ninth Circuit Court of Appeals hearing on (CA) Prop 8, live on C-SPAN -

[pinto]

http://www.c-span.org/Watch/C-SPAN.aspx

[pinto]

1. Oy. Pro-Prop 8 lawyer is arguing the basis of marriage is propagation and prevention of single mom

households, i.e. children born out of wedlock. Court is pointedly debating his argument.

[pinto]

2. Unwittingly, the lawyer arguing for Prop 8 brought up a core flaw in the Proposition process -

voters in CA can overturn provisions of the State Constitution via the proposition process. i.e. A proportionally small number of citizens can by-pass both the State legislature and the State court.

Fed judge countered that, in this instance, the end result may outweigh the right to put forth a proposition, constitutionally. And challenges the lawyer's narrow stand on the legality of propositions without considering the result.

Interesting side argument.

[pinto]

3. Ted Olsen's not doing us a good job in this venue, imo.

He's sidetracking from the legal points too often. The judges, though, are countering with requests to put the argument in legal / prior case / constitutional terms.

[LonePirate]

7. I thought Olson made a great point when said ...

CA voters took away a constitutional right (as deemed by SCOTUS) from a group of people engaged in a constitutionally protected activity (as deemed by SCOTUS). Olson made have started slowly but he made one he'll of a convincing point there citing the Loving and Lawrence cases, respectively if I have my cases correct.

[pinto]

4. Therese Stewart, SF City Attorney, making some great points.

Basically on the legal disconnect of State support for stable, responsible families, in many venues, and denial for gays to form stable, responsible families in a legal framework.

[pinto]

5. Court adjourns.

:hi:

[TexasObserver]

6. recommend