Proposition 8 was back in court today. You can read Walter Dellinger and Emily Bazelon yourself but it's starting to look like it's going to be tossed in California, gay marriage will become the law of the state…and it'll probably (but not definitely) head for higher courts. Those who oppose same-sex wedlock will undoubtedly scream about "activist judges" overturning the will of the people but if the news coverage I've read is accurate, it's more a matter of the 8 backers not being able to mount any sort of coherent argument in court.
And I couldn't help but blockquote this piece of the Bazelon article which talks about lawyer Ted Olson, who's been arguing quite effectively that Prop 8 is unconstitutional…
The Proposition 8 campaigners also said that the law "needs to be enacted because the existence of same-sex marriage will make children prematurely occupied with issues of sexuality," Olson said. "That is nonsense. Such a justification would equally warrant banning comic books, video games, and "conversations with other children." This won the afternoon's biggest laugh. Olson ran with it.
Of course, what's wrong with that is that there are people out there who would love the idea of banning comic books, video games and children being able to talk with other children.