Culhane: Questions facing Prop 8 closing arguments - Interesting article

[WillParkinson]

Culhane: Questions facing Prop 8 closing arguments
By John Culhane, Professor of Law, Widener University
06.10.2010 7:00am EDT

The Proposition 8 trial concluded some months ago, but the closing statements and arguments have been delayed until next Wednesday (June 16).

This kind of gap between trial and summation is quite unusual, but this whole case has been unusual. It was brought not by any of the LGBT legal advocacy groups that have been tactically pressing for marriage equality in courts and legislatures, but by litigation megastars David Boies and Ted Olson. It’s the first case to challenge the denial of equality under the federal, as opposed to a state, constitution – increasing the likelihood that the matter won’t be resolved until the Supreme Court weighs in.

And federal district judge Vaughn Walker’s decision to hold a trial was also unusual; marriage equality is almost always treated as a legal issue rather than a factual one.

Now comes the latest wrinkle: Judge Walker has just issued a long and thoughtful set of questions for the litigants. In an eleven-page Order captioned “Questions for Closing Arguments,” he took the unusual step of inviting the plaintiffs and the defenders of Prop 8 to address certain specific issues, either next Wednesday or in writing before then. (As a former litigator, I can guarantee that the attorneys will take the hint and spend most of their waking hours drafting responses.)


http://www.365gay.com/opinion/culhane-prop-8-gay-marriage-questions/

[TheWraith]

1. This is a really good article. Must read.

The analysis is insightful, and I think the questions mentioned strongly suggest that the ruling--at least at the first level--is going to be favorable.