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The right way to defend an unfair, undefendable, and unconstitutional law

Timothy Kincaid

June 17th, 2010

The transcript of the closing arguments in Perry v. Schwarzenegger is now available. Please read them, you won’t regret the lost time. This is oratory at it’s best, advocacy at its most moral, and a complete and total exposure of the absolute lack of any reasonable basis for anti-marriage discrimination.

But just as an amusing side note, the formality of law does have its theater.

The same-sex couples who wished to marry in California after Proposition 8 passed sued Governor Schwarzenegger, Attorney-General Brown, and the county clerk in their official capacities. Here was the defense of the proposition on the part of Schwarzenegger and Brown:

THE COURT: Let me turn to counsel for the Governor and the Attorney General.
Ah, the governor’s counsel.

MR. STROUD: Andy Stroud on behalf of the Governor, your Honor. The Governor waives his right to make closing argument and thanks your Honor for his time.

THE COURT: All right. I’m delighted that you are here.


MS. INAN: Michele Inan on behalf of the Attorney General. The Attorney General waives his time as well.

And that’s how you fulfill your obligation to defend the undefendable, not at all.



Chris McCoy
June 17th, 2010 | LINK

I wish someone would point this out to our Fierce Advocate in the White House when he goes to defend DOMA.

Regan DuCasse
June 17th, 2010 | LINK

That waive certainly incensed NOM, and others who want their elected leaders, to defend, not only what’s indefensible, but what isn’t present in the law.
At least Schwartzeneggar was consistent in that he would agree with whatever the courts decided and wouldn’t interfere.

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