I went to the opening day and closing day of the Prop 8 trial. While not a legal type, I still have a huge investment in the outcome of this if nothing else besides being a lesbian living in California. I was married in August of 2008 in our backyard. I worked on a huge part of the Prop 8 campaign in Silicon Valley. I am fully vested in the outcome.
Since early childhood, I have been a sports fan. Like many good dykes, my summers were spent playing softball. I have had a long love affair with the SF Giants and now I live for hockey, both playing it and watching it. I believe I have a trained eye for watching competitions and this court case was a competition.
I am offering my experienced sports eye for observations of the court as I witnessed it.
First, we had the first string in the game throughout. I don't know where anyone would get the idea that Charles Cooper is big league material. He reminded me of the kid in school who got called on and hadn't studied. In fact, the lawyers were given a take home test and Cooper failed miserably. In front of God and everyone, he failed. He should be demoted to the minors.
I did get excited though thinking about him arguing this case in the Supreme Court. I would go to DC to see the looks on the Justices' faces when he talked about "channeling" heterosexuals into marriage so there were no babies born outside wedlock. After all the survival of the species is at stake according to these weasels.
Mr Cooper has never available for the press during these post trial press conferences. On the first day after screwing up royally, the devil known as Andrew Pugno (who, by the way, just won the Republican primary for an Assembly seat outside of Sacramento) takes over as the talking head for these people. Cooper didn't even appear at the first presser and yesterday he made a ridiculous comment and then ran away. A guy from the Alliance Defense Fund took over to give his topsy-turvy version of what happened in court.
Again with the sports analogies, they have no competent first string and their bench is weak. It is the old Republican theory that if you keep repeating the same lies it will all eventually be true. Cooper kept repeating the same story in court about saving the species and that marriage is about procreation. Judge Walker kept asking him to prove it in spite of the obvious evidence that adoptive parents can provide loving care to their children while not actually being the biological parents.
Oh and hey about those people who don't want kids? Apparently those people don't exist at savemarriage.com because, again, there was no answer to the judge's questions. In fact, Copper kept giving what I thought were double spaced answers to the quiz while never answering the question. Juuuusst missed outside!
On the other hand, we had Hall of Fame lawyers. They never missed a pitch, had practiced a lot. Ted Olson said at the closing presser that he had practiced his answers. What a concept, practicing for a court room appearance!
What really made this all an Atticus Finch trial was Ted Olson's closing argument. So many of us sitting in the same square of the overflow room were exchanging questions, observations we all were open-mouthed during the closing. (Except for the queen in back of us who insisted on shushing us. Please miss thang, go sit somewhere else, it ain't your court room.)
Check out the closing comments. Do yourself a favor and read it. It made me verklempt to hear this.
So as we round third, heading for home, I think we will score on this round. The lack of evidence from the other side, the wealth of testimony from our side, the difference in the quality of all of it makes for a good outcome. But who knows, I am only a sports fan not a lawyer.
All I know is that some day we will win this.