erik lundegaard

Boies on the Prop 8 Cross-Examination: 'Wouldn't America fit the American ideal better the day it allows gays and lesbians to marry?'

I linked to this in the past, never posted to it, but I thought that today, of all days, was a day worth revisiting it. It's from three years ago.

How does calm and rational win over emotional and combative? You enter a court of law with David Boies on your side:

I love the matter-of-fact logic he used to get the hostile witnesses to come around:

They were confronted with very simple questions, like “Do you think marriage is important?” Now what are they going to say? No? After all, they're trying to defend “traditonal marriage.” Of course they have to say marriage is important. “Do you think marriage helps children who are being raised? Do you think it hurts people not to be married, if they want to get married? Does that cause them disadvantages?”

They admitted, on the witness stand, each element of our case: that preventing gays and lesbians from marrying hurt them in serious social, psychological and economic ways; that preventing gays and lesbians from marrying hurt the children that they were raising--and hundreds of thousands of children are being raised today by gay and lesbian couples in the United States. And finally, there was simply no evidence that allowing gays and lesbians to marry could in any way harm heterosexual marriage ...

The key witness they had, a guy named Mr. Blankenhorn ... in the end, there was a question and answer that talked about, “Isn't American about equality? Don't we want equality for all of our citizens.” These are questions that it's hard to answer 'no' to. “Isn't it a lack of equality when we say gays and lesbians can't get married?” He had to agree to that. And finally, “Wouldn't America fit the American ideal better the day it allows gays and lesbians to marry?”

And he said yes.

And today the Supreme Court said yes. At least on a state-to-state basis.


Posted at 01:20 PM on Wed. Jun 26, 2013 in category Law  
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