Strict Standards: Non-static method CustomContactFormsStatic::definePluginConstants() should not be called statically in /home/rubesy/arewemarried.com/wp-content/plugins/custom-contact-forms/custom-contact-forms.php on line 33

Strict Standards: Non-static method CustomContactFormsStatic::getWPTablePrefix() should not be called statically in /home/rubesy/arewemarried.com/wp-content/plugins/custom-contact-forms/custom-contact-forms-static.php on line 46

Strict Standards: Non-static method social_common::get_host_platform() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_object.php on line 20

Strict Standards: Non-static method social_common::get_current_url() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_object.php on line 22

Strict Standards: Non-static method social_common::get_host_platform() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 149

Strict Standards: Only variables should be passed by reference in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 154

Strict Standards: Non-static method social_db::get_user_option() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 155

Strict Standards: Non-static method social_common::get_host_platform() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_object.php on line 20

Strict Standards: Non-static method social_common::get_current_url() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_object.php on line 22

Strict Standards: Non-static method social_common::get_host_platform() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 149

Strict Standards: Only variables should be passed by reference in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 154

Strict Standards: Non-static method social_common::get_xml_filenames() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_bookmarks.php on line 116

Strict Standards: Non-static method social_common::get_xml_contents() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_bookmarks.php on line 122

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::parse_xml_attribute() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 77

Strict Standards: Non-static method social_common::get_host_platform() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_object.php on line 20

Strict Standards: Non-static method social_common::get_current_url() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_object.php on line 22

Strict Standards: Non-static method social_common::get_host_platform() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 149

Strict Standards: Only variables should be passed by reference in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 154

Strict Standards: Non-static method social_db::get_user_option() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 155

Strict Standards: Non-static method social_common::get_host_platform() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_object.php on line 20

Strict Standards: Non-static method social_common::get_current_url() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_object.php on line 22

Strict Standards: Non-static method social_common::get_host_platform() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 149

Strict Standards: Only variables should be passed by reference in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 154

Strict Standards: Non-static method social_db::get_user_option() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 155

Strict Standards: Non-static method CustomContactFormsStatic::startSession() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/custom-contact-forms/custom-contact-forms-front.php on line 15

Warning: session_start(): Cannot send session cookie - headers already sent by (output started at /home/rubesy/arewemarried.com/wp-content/plugins/custom-contact-forms/custom-contact-forms.php:33) in /home/rubesy/arewemarried.com/wp-content/plugins/custom-contact-forms/custom-contact-forms-static.php on line 14

Warning: session_start(): Cannot send session cache limiter - headers already sent (output started at /home/rubesy/arewemarried.com/wp-content/plugins/custom-contact-forms/custom-contact-forms.php:33) in /home/rubesy/arewemarried.com/wp-content/plugins/custom-contact-forms/custom-contact-forms-static.php on line 14

Warning: Cannot modify header information - headers already sent by (output started at /home/rubesy/arewemarried.com/wp-content/plugins/custom-contact-forms/custom-contact-forms.php:33) in /home/rubesy/arewemarried.com/wp-content/plugins/wassup/wassup.php on line 2010
What I Learned at the Prop 8 Closing Arguments » Are We Married?
Strict Standards: Only variables should be passed by reference in /home/rubesy/arewemarried.com/wp-includes/general-template.php on line 1496

Strict Standards: Non-static method social_db::get_user_option() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_view_public.php on line 98

What I Learned at the Prop 8 Closing Arguments


Strict Standards: Non-static method social_common::get_host_platform() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_object.php on line 20

Strict Standards: Non-static method social_common::get_current_url() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_object.php on line 22

Strict Standards: Non-static method social_common::get_host_platform() should not be called statically, assuming $this from incompatible context in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 149

Strict Standards: Only variables should be passed by reference in /home/rubesy/arewemarried.com/wp-content/plugins/social-bookmarks/social_common.php on line 154
The word as of this a.m.—we were in by 1 p.m.

The word as of this a.m.—we were in by 1 p.m.

First off, our side has remarkably great counsel. Ted Olson was funny, intelligent, and relentlessly rational. While there were many laughs at the defense’s expense during their closing, the only joke Charles Cooper (defense) himself managed to get off was that he wished he had never said, “I don’t know.”

He was referencing a very early part of the trial:

The question is relevant to the assertion that Proposition 8 is constitutionally valid because it furthers the states goal of fostering “naturally procreative relationships,” Walker explained.

“What is the harm to the procreation purpose you outlined of allowing same-sex couples to get married?” Walker asked.

“My answer is, I don’t know. I don’t know,” Cooper answered. (MSNBC)

A whole lot of time in Cooper’s argument today was spent on trying—and failing—to justify the assertion that marriage is for childrearing. “The historical record leaves no doubt that the purpose of marriage is to channel procreative urges into stable relationships between the people whose sexual congress created the children that issued from it,” said Cooper. (Firedoglake’s great liveblog)

By the end of the back-and-forth between Walker and Cooper, it seemed that the defense’s main point was that marriage was to stop heterosexuals from running around hog-wild, making illegitimate children. Walker asked [not a direct quote], “But if that’s the case, why don’t marriage laws stop at parental rights, why all the other things they cover?”

Good question.

Sitting there in the courtroom with my wife and our daughter, the point about preventing illegitimate children as the main purpose behind marriage was nothing short of infuriating. If so, do all the queer parents raising kids get to marry? What about my semi-”legitimate” child? Hazy abstractions dominated his replies about why opposite-sex partners who employ a sperm or egg donor, or who adopt in order to have kids, were different. “It’s not quite the same,” he said. OK, then why?

About gay and lesbian parents, he only said:

When couples cohabit, that in and of itself, weakens social norms. But to come back to your point — the state’s main concern in seeking to regulate marriage into stable and enduring marital unions, is to minimize irresponsible procreation. I don’t like that term, I hate to use it, I wish I could come up with a better term—procreation that leads to children being raised outside marriage. It is not a phenomenon that the state needs to be concerned about with same-sex couples. Same-sex couples can’t procreate by accident. (Firedoglake) [Emphasis mine]

But apparently it’s no biggie if WE raise children outside of marriage. When we’d rather not, even.

When Olson got up, he did so with the poise and confidence of a person who knows he is about to win. He made a snide comment about the right’s running commentary on “activist judges,” which got a huge laugh, primarily from Walker himself. I sense foreshadowing in that moment.

The other thing I learned, felt, heard, saw was who cares about this issue.

If there was any doubt whom this trial affects, you only need to have looked around the room. Absent, as far as I could tell, was even one straight couple fearing for their marriage. Olsen got a unanimous ovation at the end of his redirect (it was not contempt of court, we were in the 2nd overflow courtroom).

In the room—and outside holding signs, proffering pamphlets, and wearing stickers—were married and unmarried queers, Christians and those who would forever sever the church and state, lots of Americans and one or two undocumented-but-in-love hopefuls, parents and kids, people in jeans and suits, and a spectrum of ages and races.

Remember: the person shouting from behind the podium is not always the full picture, folks. A career devoted to only our highest principles is, for most, a luxury. A half-day off from work—or hell, unemployment—to run down to the courthouse is much more within reach.

I wish you had been there with us.

One day our grandkids, legitimate and not, will roll their eyes about a time when the law was that backward, not to mention anyone old enough to remember and uncool enough still want to talk about it.

Trackbacks Comments
  • I’m glad you got to see history in the making and dear fucking goddess, Cooper is a god send. When this eventually goes in front of the Supreme Court like I’m sure it will, I hope the religious reich uses Cooper as their attorney. We would get all the of marriage discrimination against homosexuals overturned. ^_^

    And who says they won’t use him again? I mean, Scientology continues to use it’s same PR people until they wake up and leave the cult, no matter how shitty they look in the public image.

  • great post! great blog! “one day our grandkids, legitimate and not, will roll their eyes about a time when the law was that backward” — my sentiments exactly.
    glad you were there but sorry we didn’t get to meet!
    cheers,
    your twitter soulmate (ha),
    -m

  • fenderbirds

    nice article, keep the posts coming

Leave a Comment