Well guess what? The proponents of Prop 8, arguing in court to keep the hateful, bigoted Proposition 8 legal, told Judge Walker on the final court day of the case, that they didn’t need to provide evidence as to the purpose of marriage. This came from Charles Cooper, leading the defense in the case.
Judge Walker pushed both sides in the day of closing arguments, asking Ted Olson, who is arguing to toss out Prop 8, why the majority of voters, who’ve clearly already had this debate, be overruled. Olson answered as briefly and brilliantly as he has throughout the case. People are allowed to discriminate privately but they cannot write discrimination into law.
Cooper, on the other hand, follows the lead of conservative Americans in general, a group for whom reality, logic and reason have long ago been abandoned. This is a man who said in court during the same trial, weeks ago, that he "didn’t know" how same sex marriage would harm traditional marriage. He didn’t know. Now, he stands and says that no evidence is required on his part to warrant the discrimination and restrictions placed on LGBT Americans. Ultimately, the point is to prove that Prop 8 was put into place simply because a group of Americans "wanted it". In other words, if there is no logical reason as well as no real threat, if it’s all based on people’s "feelings" and fears, then it has to be thrown out.
Walker pushed on our side as well, mentioning that by the time the Supreme Court ruled the ban on inter-racial marriage was unconstitutional, that several states were already aligning themselves with that idea. Currently, legal same sex marriage in the U.S. is still rejected by the vast majority of states. There’s not much you can say to that. The fact that the majority of Americans have turned out to be closed minded, bigoted and irrational is fairly inexplicable. It’s hardly, though, a valid reason to allow mass levels of discrimination against other Americans. This is a lesson the courts need to learn, since the American people have stopped evolving on the issue. You cannot uphold the will of the people on all issues, and certainly not on this one.
The judge is expected to reach a decision in a few weeks. You can read the entire court transcript by clicking HERE
