A California judge may have overturned the state’s ban on gay marriage last week, but advocates on both sides of the issue made clear Sunday that it is far from a closed case. And already they offered a preview of arguments they could make at the U.S. Supreme Court.
David Boies, a chief lawyer who argued against California’s Proposition 8, which banned same-sex marriage, said on CBS’ “Face the Nation” that in a court of law, “junk science,” as he called the other side’s facts, doesn’t work. “We put fear and prejudice on trial, and fear and prejudice lost,” Boies said.
He added that the court agreed with his side that gay marriage does not harm heterosexual marriage or children. “Why do you make these people suffer if it doesn’t harm anybody?” he asked.
But on the other side, Tony Perkins, president of the Christian-conservative organization Family Research Council, indicated that his side is energized to fight. Perkins called the decision “flawed” and, citing news reports, said the judge who decided the matter is “an openly homosexual judge.”