Opening Arguments In Proposition 8 Trial

US Dist Court(SAN FRANCISCO)  The opening statement of by Plaintiff’s Attorney Theodore Olson ran into a flurry of questions by Chief District Judge Vaughn Walker.

Traditionally, opening remarks tend to drone on as attorneys read from prepared statements.  But as Olson was making a point, Walker jumped in.

“In the words of the highest court in the land, marriage is the highest right in the land,” Olson said,

“But, is the right to be married the same as the state granting a license,” Walker asked.

Olson struggled and responded simply, “Yes.”

As Olson continued, Walked asked about details of domestic partnership.

Responding to Walker, Olson was not immediately sure if opposite sex couples could enter into domestic partnerships.

As opening remarks continued, Olson hit a couple of strides in response to Walker’s questions.

Olson compared restricting the rights of same sex couples to what used to be the restriction of the rights of couples of different races or ethnicities.  He continued by mentioning the different roles women used to have within a marriage.

“If prop 8 is unconstitutional, will the Defense of Marriage Act be unconstitutional,” Walker asked.

“Your judgement here may have a bearing on that, and a Supreme court response may as well,” Olson said, “In my personal belief DOMA is unconstitutional.”

Olson described the option of a domestic partnership for same sex couples following Proposition 8 as, “akin to a commercial venture not a loving relationship.”

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