Because marriage is the essence of families and family law the outcome of the case is critically important. If Proposition 8 is upheld at the federal level, Californians, and all Americans will once again be assured of the legal nature and meaning of marriage. If, on the other hand, Proposition 8 is overturned as unconstitutional under federal equal protection requirements as renowned attorneys David Boies and Ted Olson are arguing, this case would change marriage for everyone in America, as the result would be that every single State that has acted to protect marriage would see such laws overturned with this single federal case. Such a ruling would likely be appealed to the Supreme Court of the United States, who would decide marriage not only for California, but for all Americans.
The trial at the Ninth Circuit is in its fourth day, with many witnesses and experts testifying both for and against marriage. Andy Pungo, a lawyer for the Proposition 8 campaign, wrote two days ago at http://www.protectmarriage.com/:
"While it is only day two in what will be a long, grueling trial, we have reason to be positive thus far. We clearly have had their two expert witnesses on the ropes during our cross-examinations, drawing out information from them the plaintiffs surely would have preferred remain unknown."Another key attorney for Proposition 8 is Regent Law graduate Brian Raum (’97) as counsel for the Alliance Defense Fund (ADF). Brian is an experienced litigator who has strongly represented marriage and the family in venues around the country. See the latest ADF Alert here.
A major issue at the outset has been the live streaming of the trial by the Ninth Circuit. That decision was appealed to the Supreme Court of the United States (SCOTUS) which just last night resulted in a ruling denying broadcast and live streaming of the trial. Read the text of the Supreme Court opinion here. This opinion prohibits live streaming video of the trial, which means it will not be available on Youtube. It will, however, be broadcast throughout the federal court houses in San Francisco, and may appear in a delayed fashion elsewhere. Watch CBN News coverage of this ruling here:
This case will determine what marriage will look like not only in California, but in America, and it will certainly have a reverberating effect on family law.
Overturning Proposition 8 could result in the re-definition of marriage, the erosion of our nation's foundation of religious freedom, and an altered meaning of elections in a democracy.
Upholding Proposition 8, however, would secure and stabilize marriage for Californians and for all Americans – which would be a welcomed federal decision.
Although God has given us absolutes, including a definition of marriage, we should acknowledge the dialectic nature of our defense of that gift. Polygamy made inroads against it; thoughtful, persistent believers gained that territory back. Various cultures have used marriage as an instrument of tribal alliance, dynastic wealth, and national statecraft. The struggle to regain that lost territory is permanent. In our time, the redefinition of marriage began with the no-fault divorce "reforms" enacted with much self-congratulation by "progressives" in the 1960s and 70s under the influence of the Playboy Foundation, various academics, and other self-indulgent elites. The resulting "sequential monogamy" has proven too frail to hold its ground against the gay marriage metastasis. This court battle is important, but it is a battle, not the war. Monogamists who are serious about the institution of marriage should think strategically, not just tactically. Although Patrick Fagan's article has "tactic" in its title, it really is a good introduction to the kind of strategic thinking that is going to be required if lifelong monogamous is to prevail. It's also a good explanation why it should prevail, providing some answers for those questions that you can anticipate in DOMA showdowns. http://therapeuticfamilylaw.blogspot.com/
ReplyDeletePatrick Fagan's article is at that Therapeutic Family Law blog URL, posted Jan. 14.
ReplyDeleteFamily law issues usually arise in the context of divorce proceedings, child custody disputes, and child protective proceedings. As family law is very stressful, a great many attorneys do not practice in the area, and as a consequence it is relatively easy for attorneys with little skill or experience to develop a family law practice. A family law attorney or a family law lawyer specializes in the family law relationships which encompass adoption, child custody, visitation rights, domestic violence, divorce, juvenile dependency and delinquency, marital property rights, support obligations, and paternity. Because these personal relationships are governed by state law, what constitutes "family law" may vary from state to state. Visit Professional negligence solicitor for more information.
ReplyDeleteThis shows how big of an issue this case represents. Though there is nothing in the text of the Constitution that guarantees a right to marriage, the Supreme Court has held that the right to marry is a fundamental right. This being said, the Court has also put some limitations on marriage, and at the forefront of these limitaions is the ban on polygamy. If the Supreme Court rules that banning homosexual marriage is unconstitutional then how long before the polygamists bring their challenge on similar grounds. I have always been of the opinion that ideas have consequences. Though we may not see these consequences in our lifetime, holding the ban on homosexual marriage unconstitutional would be a major step towards tearing the already fragile "moral fiber" in America.
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