Defense Opening Arguments In Prop 8 Federal Trial
(SAN FRANCISCO) Ten minutes into Defense Attorney Charles Cooper’s opening statement, US District Judge Vaughn Walker asked what the difference between racial restrictions in marriage and sexual orientation.
Cooper responded conceding that prior restrictions based on race were solely based on white supremacy, and clearly wrong.
Cooper described the institution of marriage as primarily for, “Socially approved sexual intercourse that is naturally pro-creative.”
“How does allowing homosexuals to marry prevent heterosexuals from continuing to procreate,” Judge Walker asked.
Cooper stammered, and referred back to classifying the institution of marriage currently as a “Pro-Child” institution.
“Is there any evidence that the legalization of same sex marriage in other countries has been negatively affected,” Judge Walker asked.
Cooper responded that he believes there is evidence that marriage rates have declined and co-habitation has declined in those countries.
The exchanged continued for several minutes.
Cooper began to summarize his arguments by questioning the motivation behind changing the traditional definition of marriage, “This challenge simply cannot stand up to the evidence of the ages. It’s no coincidence that all civilizations have protected this institution (of marriage).”
But Walker interjected by referring to an argument from Theodore Olson in his opening statement. Olson asked about the courts role in interjecting into political situations to protect a minority group from a majority decision and the change in attitudes over the years toward same sex marriage.
Cooper responded saying the voters of California made an informed decision when they went to the ballot box on the Prop 8 referendum.
“The political process and not you, not the 9th Circuit, and not even Justices of the Supreme Court are here to express the political attitudes of the people, that is what the ballot boxes are fore,” Cooper said.
“There are certainly lots of issues that are taken out of the body politic and decided by the courts,” Walker asked.
“Our legal proposition is that the 14th Amendment does not include this issue,” Cooper responded.