The Prop 8 trial that starts on Monday is not simply about overturning Prop 8. It is also about: 1. whether we will have same sex marriage nationwide, 2. whether the losers in an election can go into court to overturn it 3. whether the courts can demand that participants in a political campaign have to reveal their private correspondence, and many other issues. My new article up on Mercator Net deals with a couple of these issues. As it happens, I have a personal involvement in the case. And, within a few hours of this article being posted on Mercator, the hysteria has begun in the comments section. see for yourself.
Ted Olsen and David Boies want to convince the court that the alleged anti-gay bias of Proposition 8 supporters should invalidate the election. But first, they have to find some such bias. This is why Olsen and Boies sought the trial court’s permission to demand confidential campaign documents. They want free reign to rummage around through the Prop 8 campaign’s computers and filing cabinets, looking for evidence of this supposed meanness. The trial judge had ruled that Prop 8 proponents had no First Amendment privilege, and therefore had to hand over all communications among members of the campaign and their contractors.