The Ninth Circuit has heard the arguments. Monday in San Francisco the three panel of Federal Judges grilled the pro-prop 8 attorney Cooper about whether they had any standing at all to even argue the case. The judges were especially tough on the attorney representing the clerk from Imperial county who tried to be the government agency of standing representing the clerks. But the judges just grilled away at this.
You can expect the Imperial county piece to be history.
Boies and Olsen were thorough and amazing. Methodically presenting the case as they did in District court. Cooper the attorney for the pro-prop 8 folks fell back into their only argument -procreation. Marriage is for procreation. Oy… what happened to old fashioned sex without procreation? As if straight folks only get married to have kids. What about companionship? Love? Friendship? Economics? Are these part of the institution of marriage? Is it only about having children?
The 3 judge panel seemed to see through these arguments.
It is now in their hands. Will they rule? Will they throw it back to the State Supremes to figure out if there is standing when the governor and attorney general refuse to defend the law. Will they rule narrowly so that it applies only in California- or will they issues a sweeping ruling allowing marriage in all 50 states…. pins and needles are the words of the day