Transcripts of Two Hearings on the Federal Challenge Against Prop 8

Thanks to the American Foundation for Equal Rights, the organization behind the federal challenge to Proposition 8, and to Michael Petrelis for posting, transcripts of both the August 19 hearing and the October 14 hearing have been made available for viewing.

The August 19 hearing focused on the different LGBT legal and advocacy organizations; and the City of San Francisco's requests to intervene as plaintiffs in the case to argue against Prop 8. The organizations were denied, but San Francisco was permitted to join the Olson/Boies power team.

Aug 19 Prop 8 Hearing, Motion to Intervene

During the now famous October 14 hearing, Judge Walker considered the defendants' request for summary judgment. In other words, those defending Prop 8 wanted to avoid going to public trial.

It was during this hearing that attorney Charles Cooper, who is representing the defendants, argued that the state has a rational basis to promote opposite sex marriages, in order to further procreation.

How does permitting same sex couples to marry adversely affect that interest, asked Judge Walker? Cooper had argued procreation is the interest of the state.

After some back and forth, Cooper eventually conceded: "The answer is, I don't know. I don't know."

"Does that mean if it's not rational basis review, you lose?" Walker asked.

"No."

"You just haven't figured out how to win on that level," the chief judge surmised.

Read the rest below!

Oct 14 Prop 8 Court Hearing Transript on Request for Summary Judgement