Loading
After final arguments in Prop. 8 trial, Maggie Gallagher expects judge will overturn law
After final arguments in Prop. 8 trial, Maggie Gallagher expects judge will overturn law
Facebook Twitter Google+ Pinterest Addthis

.- On Wednesday lawyers made their final arguments in a federal case challenging the constitutionality of Proposition 8. While Maggie Gallagher, a major defender of traditional marriage said she expected the lower court to overturn the decision, she was confident of victory at the Supreme Court.

Prop. 8, a 2008 ballot measure which restored the definition of marriage to being between a man and a woman, has been challenged by same-sex couples who claim it violates their civil rights.

Theodore Olson, U.S. Solicitor General during the President George W. Bush administration, spoke on behalf of the plaintiffs.

He contended that the ballot measure was discriminatory against homosexual couples, arguing that tradition or fears of harm to unions between men and women were legally insufficient grounds, the Associated Press reports.

"You can't have constitutional discrimination in public schools because you have always done it that way," commented Olson.

He said the Supreme Court has allowed prisoners serving life sentences to marry. He argued that the courts have refused to make procreation a precondition of marriage, citing laws allowing divorce and contraception.

Charles Cooper, a former U.S. Justice Department lawyer, represented Prop. 8 sponsors. He said that cultures around the world, previous courts and Congress have all accepted the “common sense belief that children do best when they are raised by their own mother and father.”

"The plaintiffs say there is no way to understand why anyone would support Proposition 8, would support the traditional definition of marriage, except through some irrational or dark motivation," Cooper remarked, according to the Associated Press. "That is not just a slur on the 7 million Californians who supported Proposition 8. It's a slur on 70 of 108 judges who have upheld as rational the decision of voters and legislatures to preserve the traditional definition of marriage."

For his part, Olson argued that marriage is “the right of individuals, not an indulgence to be dispensed by the state” and that the right to marry has “never been tied to procreation.”

Chief U.S. Judge Vaughn Walker, who presided over the trial, pressed Olson on this point, saying supporters of Prop. 8 have argued that homosexuals can only have children with assistance from a third party.

“That is a difference,” said Judge Walker, who is homosexual.

Olson contended that this argument would only be constitutional if Prop. 8 supporters had proven that allowing homosexuals to “marry” was a threat to heterosexual relationships. He said this had not been proven.

Cooper argued that the plaintiffs opposing Prop. 8 had to prove that voters lacked justification for outlawing same-sex “marriage” and had to negate “every conceivable rational basis.” Warning of the fallout from a judicial decision, he urged the judge to avoid the “judicial tsunami they are asking you to sail into.”

Judge Walker asked the Prop. 8 supporters whether arguments similar to theirs were once used to keep interracial couples for marriage. He also inquired why the state did not refuse to recognize marriages contracted by infertile couples or by the deliberately childless if marriage was about procreation.

Cooper responded that it would be impractical to test for fertility or to require pledges to have children. He said that bans on interracial marriage “had no foundation in the historical purpose of marriage, and in fact they were at war with it.”

According to the Associated Press, Judge Walker appeared to consider whether he should declare Prop. 8 unconstitutional when public opinion appears to be moving toward accepting same-sex “marriage.” A premature edict could harden public opinion like the 1973 Supreme Court decision which instated permissive abortion laws nationwide, the judge explained.

Olson claimed that there is “a political tide running” and said a judge should not wait for polls before he can “break down this barrier and change this discrimination.”

Maggie Gallagher, former president of the National Organization for Marriage, which backed Prop. 8, said “the future of marriage in all 50 states” was at stake. Praising Cooper, she said he was right that the attempt to “shut down the debate by constitutionalizing gay marriage” will backfire.

“Americans have a right to vote for marriage. Ted Olson doesn't seem to understand the argument, and judging from today's exchanges neither does Judge Walker.

“I expect Judge Walker will overrule Prop 8,” commented Gallagher. “But millions of Americans do understand why marriage is the union of husband and wife and I believe the majority of the Supreme Court will as well."

Ads by AdsLiveMedia(What's this?)

* The number of messages that can be online is limited. CNA reserves the right to edit messages for content and tone. Comments and opinions expressed by users do not necessarily reflect the opinions or beliefs of CNA. CNA will not publish comments with abusive language, insults or links to other pages

RESOURCES »

Ads by Google (What's this?)
Ads by Google

Featured Videos

Syrian Refugee, Sara, 14, Before Meeting Pope
Syrian Refugee, Sara, 14, Before Meeting Pope
Ebola orphans thousands of children in West Africa
One year after Haiyan: Philippines rebuilds homes, lives
An Indian contribution to the Vatican's Synod on the Family
Christ Cathedral CNA video Sept 2014
Alejandro Bermudez of CNA accepts ice bucket challenge
'The Real Albania,' remembering those who fled
Pope Francis in Albania, "one of the most important visits of the post-communist era in Albania"
Pope Francis greets paralyzed man who risked all to see him
Franciscans on the banks of the Tiber in Rome, working for the New Evangelization
Pilgrimage from Czech Republic to Assisi and Rome for intentions
Testimony of young Indian who met Pope in Korea
Preparations of the Closing Mass of 6th Asian Youth Day
Missionary of Charity, Korea
Testimony of Christian Love during Pope's Visit to Korea
Religious Sisters in South Korea react to Pope Francis kissing a baby
Warm atmosphere during Holy Mass at Daejeon World Cup Stadium
Images inside Pope Francis flight to South Korea
The tombs of the early Christians
Missionaries of Africa, called "the White Fathers"
Nov
29

Liturgical Calendar

November 29, 2014

Saturday of the Thirty-Fourth Week in Ordinary Time

All readings:
Today »
This year »

Catholic Daily

Gospel of the Day

Lk 21:34-36

Gospel
Date
11/29/14
11/28/14
11/27/14

Daily Readings


First Reading:: Rev 22: 1-7
Gospel:: Lk 21: 34-36

Saint of the Day

St. Romuald »

Saint
Date
11/29/14

Homily of the Day

Lk 21:34-36

Homily
Date
11/29/14
11/28/14
11/27/14