How Proposition 8 Went Down (Part 1 of 2)

Part 1 of a look at the recent ruling in Perry v. Schwarzenegger, which struck down California's Proposition 8 as violative of the due process and equal protection clauses of the 14th Amendment to the United States Constitution.

Part 2: http://www.youtube.com/watch?v=fZNUo62N_mY

FOOTNOTES:

1. Commonwealth of Massachusetts v. U.S. Department of Health and Human Services http://docfiles.justia.com/cases/federal/district-courts/massachusetts/madce/... ; Gill v. Office of Personnel Management http://docfiles.justia.com/cases/federal/district-courts/massachusetts/madce/...

2. Perry v. Schwarzenegger https://ecf.cand.uscourts.gov/cand/09cv2292/files/09cv2292-ORDER.pdf

3. "Conservative Jurist, With Independent Streak" (New York Times, 8/5/2010) http://www.nytimes.com/2010/08/06/us/06walker.html?_r=1

4. "Judging Marriage" http://www.breakpoint.org/bpcommentaries/entry/13/14998

5. http://nomblog.com/

6. http://www.youtube.com/watch?v=kpNscbfFI-I

7. http://www.youtube.com/watch?v=gZnVlD5y7_Y

8. http://www.youtube.com/watch?v=m8e762litek

9. From William Lane Craig's website http://www.reasonablefaith.org/site/News2?page=NewsArticle&id=5887

10. "Challenging Judge Walker" by Sherrilyn A. Ifill http://www.theroot.com/views/challenging-judge-walker?page=0,0

11. West Virginia School Board v. Barnette http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=319&inv...

12. Donald P. Haider-Markel, Alana Querze, & Kara Lindaman, "Lose, Win, or Draw?: A Reexamination of Direct Democracy and Minority Rights", 60 (2) Political Research Quarterly 304 (June 2007).

13. "It's all about children (or at least the anatomical possibility thereof)." http://www.youtube.com/watch?v=fzUFYNjUTcM

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[KcCommie]

Great vid, helped me out on my Constitutional Law, Civil Liberties, Final this semester .

[ProfMTH]

@KcCommie Great! I'm glad it was helpful.

[PlanetBongoSan]

this is still one of my favourite things on youtube

[ProfMTH]

@PlanetBongoSan Thanks.

[eals524]

"I don't know" at least the guy was honest but they are the three words you really shouldn't be having to say to a judge when questioned, it does weaken your argument a tad.

[ProfMTH]

@eals524 Way more than a tad.

[djbanizza]

Hm, a hetero judge might have the opposite bias. They should have found someone who is asexual, like an eunuch :)

[hardinmichael1981]

I just discovered your channel Prof! I wish I was your student! I feel smarter already!

[RequiemFear]

@VVV717 Thankfully, your bigoted personal objection has no use when it comes to making the real decisions.

[GrahamCrackerStudios]

@VVV717 You must shake with rage when you channel surf past Logo channel.

[adler2adler]

tony perkins was awesome in psycho

[VVV717]

No, I don't buy any of this for a second, and I will not vote for gay marriage, I will also support measures to keep marriage between 1 man and 1 woman. I don't have a problem with recognizing Civil Unions, but I am against gay marriage, I personally think homosexuality is an abomination, and a genetic defect. Which produces no possible benefit for any society I want to live in.

[KcCommie]

@ProfMTH Was quite a win. Long story short, conservative and religious college, but only in the area with law programme. Had to write a argument for the Supreme Court for Perry v Schwarzenegger, with our Professor writing the court's opinion based upon the strengths of the arguments. In the end the Perry supporters won by a landslide because all the opponents: 1)could not think of any good arguments at all 2) resorted to "think of the children" "destruction of sanctity of marriage"

[DavidNeff2011]

If it was a heterosexual judge, would it clognhis thinking? Seriously, in order to get a fair judge, he needs tone asexual!

[Clearie552]

I LIKE YOUR WORDPLAY

[rafaravioli]

I love how they always try to play the "we're the majority, so we should be able to vote on it" card. This is one of the *exact* reasons we are a democratic republic, rather than a democracy. As Thomas Jefferson put it, "Democracy is nothing more than mob rule, where 51% of the people can take away the rights of the other 49%."