AFER Explains Prop 8 Ruling

Today, there was another step in the Perry vs. Schwarzenegger California Proposition 8 case. Basically, it sounds like the federal court is deferring to the California court for some clarification. Curiously, this has gotten little attention, probably because it is kind of unclear. To help clarify, here is a recording by American Foundation for Equal rights with the principals of the anti-Prop 8 side of the case, including Ted Olson.



Found at: Joe.My.God.

Sunday Update: FOX "News" Sunday Biased as Ever

Image from FoxNews.com

Gee, I wonder if I've ever used that headline before. If not word-for-word, I've at least used the same sentiment, because they just keep doing it.  This morning, FOX "News" Sunday was my first choice to watch on the DVR, because for some reason the (increasingly boring) Meet the Press didn't record.  I store these shows up for a little while in the morning so that I can zip through them without all the BP commercials.

Anyway, the first guest was Ted Olson, George W. Bush's Solicitor General (a job until recently filled by Supreme Court Justice Elena Kagan).  Olson would not be an unusual guest to have on F"N"S were it not for the fact that he recently tried and won Perry v. Schwarzenegger, the case that overturned California's Proposition 8 as un-Constitutional.  Prior to that, Olson was mostly known for holding the Bush side of Bush v. Gore, Citizens United and for being the widower of Conservative writer Barbra Olson.

Chris Wallace did his level best to push the presumed "typical" FOX viewers' viewpoint on the same-sex marriage case, repeatedly hammering Olson with questions right out of the right-wing playbook.  Question after question, time after time, Olson replied with cogent, logical, legal answers, not once falling into a trap or contradicting himself.  I was very impressed.  I'll admit to having had concerns when I'd originally heard that Olson was the lawyer trying Perry.  While I'm still extremely wary of the results of the  Citizens United case, it is clear that Olson is a brilliant legal mind, one that is capable of seeing logic and the law ahead of partisanship.  My hope from today's interview is that he may have put a seed of rational thought into the minds of FOX "News" viewers.

The second guest was apparently a Republican dude (Mitch Daniels it turns out, whoever that is) who has aspirations to be a presidential contender.  I have no idea who he was--as far as I know, I've never seen him before--because I was typing the stuff above!  But the reason I started writing this post is what Wallace said when he lead into second interview: (paraphrasing) "Up next, what can Republicans do to ensure big wins in the 2010 elections? Our next guest. . ."

Of course the show's last half is nearly always filled with the ludicrously named "Power Panel," their "fair and balanced" discussion group.  This week, the right is represented by extreme neocon William Kristol and Darth Cheney's daughter, Liz Cheney.  The left--as usual--had Juan Williams and some lady I've never seen before.  Even when FOX has equal numbers of right vs. left-leaning pundits (if you pretend that Wallace is neutral), they stack the deck with heavy weights on the right and feather weights on the left.

Now, it would be a rare thing indeed for me to recommend watching a clip from this highly-skewed program.  But I'll make an exception for the Olson interview. It's kind of fun to see Wallace's tactics fail when he's up against someone who can outthink him.

Rachel Maddow: Prop 8 Roundup

Though Rachel Maddow is known to be an out lesbian, she doesn't climb up on the gay soapbox all that often. When the subject is big in the news though, she doesn't give it short shrift. In fact, she's probably got the best take on it across the cable news spectrum.  Rather than post a series of Maddow posts, with running commentary (on a subject that is already well-covered on this blog), I'm just going to post a few here in this one post.

Some of the strongest points in the marriage equality battle are made in these clips.  I heartily recommend watching all of them. You'll be entertained, and may even pick up a couple of arguments you hadn't thought about.

Visit msnbc.com for breaking news, world news, and news about the economy

Visit msnbc.com for breaking news, world news, and news about the economy

Visit msnbc.com for breaking news, world news, and news about the economy

Ted Olson, David Boies and the Case for Gay Marriage

This is the first of a couple of Rachel Maddow Show posts, since if you like this blog, you probably like her too. If'n you don't, just scroll on past. There's other stuff here too (even if it doesn't seem like it some times!).

Visit msnbc.com for breaking news, world news, and news about the economy

First Day in California's Landmark Proposition 8 Lawsuit

Image from CBC News

For those of you who might be interested, this "live blog" (in quotes, since it is no longer live) is a fascinating read. Almost thrilling in fact. After having read that Ted Olson--a hardcore conservative--was on the pro-marriage equality side, I had misgivings. After reading this account of the first day, I feel much better. It's really done quite well. I'm too jaded to think this thing is a slam dunk, but they really are off to a good start.

[Excerpt]

Liveblogging Day 1: Daily Summary

Several people have requested that Rick’s liveblogging be placed into one post so that it is easy to share with friends and family members. Per that request, I have copied in chronological order the five liveblogging threads from today.

[UPDATE] 9:30 The Prop. 8 side still wants to preserve objection that any evidence be put up that shows intent of those who fought to pass prop. 8 including the ads. The anti-marriage folks are continuing their theme: we want to control the media. We don’t want the public to have the info to make up their own minds.

[UPDATE] 9:46 The judge is probing extensively whether or not the problem would be solved if the state of California “got out of the marriage business.” He and Olson had a colloquy about whether domestic partnership for all would solve the problem. Olson had to have a note handed to him from his team to say that only opposite-sex couples over 62 can have domestic partnership. Judge Walker is very interested in seeing what change has occurred that should force the federal judiciary to enter the issue. He wants to know what evidence will show that makes the matter worthy of judgment. The judge is very, very smart. This is really, really fascinating. . .

Read (much, much) more at: Prop8TrialTracker

The Conservative Case for Gay Marriage

Image from source, Newsweek

Wow. I'm sort of blown away by the article excerpted below. Ted Olson is an old school conservative, and one of the last people I'd expect to champion a gay rights issue, let alone a crucial case for same-sex marriage. I'm still nervous about the case, given the ramifications of a loss. Still, it's encouraging to see that Olson is serious about this. And it will be slightly entertaining to see how the right wing reacts to this piece.

[Excerpt]

The Conservative Case for Gay Marriage

Together with my good friend and occasional courtroom adversary David Boies, I am attempting to persuade a federal court to invalidate California's Proposition 8—the voter-approved measure that overturned California's constitutional right to marry a person of the same sex. . .

Read more (with video) at: Newsweek

Proposition 8 to be Challenged Federally

Image of Ted Olson from Wikipedia

This is a very interesting development for a couple of reasons. For one, nobody expected for this to "go national" this fast. And for another, the lawyers for both sides in Bush v. Gore have teamed up to overturn California's Proposition 8. This could be great news. . .or could kill the whole idea of federally recognized same-sex marriage. Too soon? Who knows?

[Excerpt]

Bush Solicitor General Ted Olson Supporting Same Sex Marriage

President George W. Bush's first Solicitor General, Ted Olson, filed a lawsuit in US district court on May 22 to protest Prop 8, the California law banning same sex marriage. . .

Read more at: ABC News