California | David Boies | Federal Prop 8 Trial | Gay Marriage | News | Proposition 8 | Ted Olson

Watch: Yesterday's Full Prop 8 Appeal Hearing at the 9th Circuit


If you missed yesterday's historic televised hearing of appeal arguments in Perry v. Schwarzenegger, the federal challenge to Proposition 8, here's the full two and a half hours.


The L.A. Times suggested that the 9th Circuit appeared to be trying to find a way to restore same-sex marriage in California without sending the case to the Supreme Court:

Federal appeals court judges Monday seemed headed toward a decision that could reinstate same-sex marriages in California while avoiding a ruling of national sweep that would invite U.S. Supreme Court action.

The judges explored at least two routes that could achieve that goal. One would be a ruling that California, having granted marriage rights to same-sex couples, could not take them away by popular vote. The other would avoid a decision on the constitutional issues by declaring that gay-marriage opponents lacked the legal standing to appeal a lower court striking down Proposition 8, the 2008 ballot measure that amended the state Constitution.

Part One:

Part Two:

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  1. This seems good to me. Reinstate marriage in California only for now. I think challenging DOMA in The Supreme Court (The Massachusetts Case) makes more sense to start with.

    Posted by: George | Dec 7, 2010 9:08:46 AM

  2. Ted Olson was absolutely superb. Articulate and well-prepared. We are fortunate to have this "fierce" - if very well paid - advocate.

    Posted by: justiceontherocks | Dec 7, 2010 9:15:42 AM

  3. My favorite part of the Prop 8 trial yesterday starts at 1h09m53s - Therese Stewart, the Chief Deputy City Attorney for San Francisco - she was awesome: .

    Also a great article summarizing what happened:

    Posted by: me | Dec 7, 2010 9:18:53 AM

  4. I, for one, would prefer for California to forgo marriage equality for the time being so that it may be considered by the Supreme Court. Even if the Supreme Court doesn't rule in our favor, we in California could still figure out how to overturn Prop 8, perhaps by ballot initiative.

    Posted by: Jake Orlando | Dec 7, 2010 10:00:15 AM

  5. Umm, Jake? If the Supreme Court rules against us, it doesn't matter what we do with our silly ballot initiatives. Game over, likely for decades. I really hope this avoids the Supreme Court.

    Posted by: Scout | Dec 7, 2010 10:34:48 AM

  6. This was terrible strategy, going for marraige in CA when we already had civil unions there. Thanks self destructive crowd for snatching defeat from the jaws of victory.
    No one ever thought to go for easy civil union victories in the States, and use video of gay soldiers and suburban gay couples as pr for all of our issues. Thanks self righteous crowd for your dingbat self indulgence.
    Now we'll probably get stomped in the Supreme Court. Then we'll have wasted tons of cash and time that should have gone into enda.
    Thanks again.

    Posted by: Wilberforce | Dec 8, 2010 12:44:39 PM

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