The upcoming battle
The New York Times has a nice piece on the upcoming marriage battle in the courts over Prop 8. Among the many they spoke with is Kenji Yoshino, a Yale law professor I wrote about a while back and for whom I have tremendous respect.
The suit was, gay rights advocates said then, the wrong claim in the wrong court in the wrong state at the wrong time…
Those objections are waning. The ship has sailed, said Kenji Yoshino, a law professor atNew York University, and gay rights advocates “need to focus on getting it to the right destination.” He added that Judge Walker’s refusal to dismiss the case “was a major victory for Olson and Boies.” …
Judge Walker has scheduled a trial in the case for January. He wants to hear about the history and purpose of marriage and the consequences of allowing same-sex couples to marry. And he has hinted that he may allow the proceedings to be televised.
“We should buckle our seatbelts,” Professor Yoshino said. “A comprehensive vetting of the empirical issues by a judicial tribunal is welcome and long overdue. Walker’s trial bids fair to be a trial in an almost scientific sense of the word.”