And having read the transcripts of the closing arguments I have to say it. The proponents of Prop 8 haven’t got a shred of a legal argument. Their position comes down to an old favorite “The children”.
It’s almost as though the Prop 8 proponents make our case for us. Take the issue of children. Heterosexuals can have kids willy-nilly. They don’t have to be in stable relationships, or even WANT the child. But they’ll use their religious bigotry to say that they’ll marry the opposite sex partner.
That’s all well and good but how many of those marriages end up in divorce? From empirical observation I’d say a good portion of them in end in divorce.
But a same sex couple has to involve a third party be they male-male or female-female couples. They actually WANT those children. And the recent longitudinal study on lesbian parents finds that their kids are well adjusted, more so than the normative families.
Of course this is something I’ve known for awhile now. Good friend of mine is a psychologist and even he says the sex of the parents doesn’t matter, it’s the consistency and love that matter most for kids.
I have to give props to the Olson and Boies team. They’re really putting together a solid case here. But here’s a thought that occurred to me a little while ago. If Judge Walker rules in our favor, it assures an appeal to the U.S. Supreme Court (USSC).
I’m not a legal scholar (But I do know a number of attorneys.) and I have to wonder. What happens if the USSC refuses to hear an appeal? It means that the case law stands.
I have a feeling the USSC might not want to touch this one.