January 28, 2010
by Brian Leubitz
My tireless job of saving you the dirty task of wading over to the protect marriage website is never done, or so it seems. Fear not, for I have digested some of the nonsense, and will try to decode some for my fellow Trial Trackers.
Pugno’s post wrapping up the testimony phase of the case was pretty simple, and boils down their case to one, relatively comprehensible, paragraph:
Meanwhile, we have shown that limiting marriage to its longstanding definition is rational because marriage benefits children, not just the adults. Whenever possible, it is best for a child to have both a mother and a father. And man-woman marriage is the only human relationship that can biologically serve that distinctive purpose. A same-sex relationship can never offer a child both a mother and father. It’s that simple.
And their case is really that simple. Sperm meets egg. That’s it. Finito. But take a look around our vast, diverse country, past the world that Protect Marriage and NOM want to show you. You’ll see single parents, couples who married far past child-rearing age, couples who had no intention of ever having children, and yup, some same-sex couples who do have children. There is no doubt that child-rearing is critical to our nation, but we should be considering all children, not just the ones Protect Marriage wants you to see. I’ll let the defense expert David Blankenhorn take it from here:
Gay marriage would extend a wide range of the natural and practical benefits of marriage to many lesbian and gay couples and their children. … By increasing the number of married couples who might be interested in adoption and foster care, same-sex marriage might well lead to fewer children growing up in state institutions and more growing up in loving adoptive and foster families.
Blankenhorn acknowledges that the Prop 8 harms same-sex couples, but argues the damage to the “institution of marriage” would be far worse if gays and lesbians were to marry. Yet throughout this trial, they have presented no evidence that shows that gay marriage harms straight marriage. No expert who could point to any studies that clearly state the case for that supposition. Quite to the contrary, Blankenhorn looked lost on on cross-examination when David Boies questioned him about the subject.
Pugno, throughout this trial, has repeatedly referred back to the rational basis test, and it is true that is known as a rather weak test. But the fact remains that the Prop 8 team must, at the very least, show that there was a legitimate governmental interest. Religion, idealism, traditionalism, these are not legitimate governmental interests in and of themselves.
Look, I can deal with some people hating me. It’s their right. But as the legendary jurist Oliver Wendell Holmes said nearly a century ago, “The right to swing my fist ends where the other man’s nose begins.”