American Foundation for Equal Rights

Huffington Post: Perry v Schwarzenegger Begins Today

Today (Monday, January 11), is the beginning of the trial in the case of Perry v. Schwarzenegger, the highly publicized case challenging the constitutionality of Proposition 8. The case was the brainchild of political strategist Chad Griffin and is being brought by prominent lawyers Ted Olson and David Boies (you can read the Complaint here.) The case has a fascinating and well publicized history, including initial opposition from gay rights groups who felt that it was not the right time for a courtroom challenge and the careful calculation that the combination of such a prominent Republican lawyer with such a prominent Democratic lawyer would diminish the likelihood of political partisanship hijacking the legal issues in the case (as some people say occurred in the last major case in which these two lawyers met – that would be Bush v. Gore.)

So, three questions. First, is this trial, in fact, a strategic error? Second, what are the main issues involved? And third, what will the legal defenders of Proposition 8 have to offer in the way of arguments?

Read the rest of Howard Schweber’s Huffington Post article here.