Prop 8 opening arguments and testimony (Day 1)

The first marriage equality case in federal court began Monday morning with opening arguments, testimony from the couples, and a legal twist - the Supreme Court blocked broadcast of the trial until Wed. So instead of video clips, here's a short review based on the written reports.

Ted Olson gave a strong opening statement, saying that the Supreme Court has repeatedly described the right to marriage as "the most important relation in life" and "of fundamental importance for all individuals." But Prop 8 took away that right for same sex couples.

Proposition 8 ended the dream of marriage, the most important relation in life, for the plaintiffs and hundreds of thousands of Californians.

Olson set out his argument against Prop 8:

First – Marriage is vitally important in American society.

Second – By denying gay men and lesbians the right to marry, Proposition 8 works a grievous harm on the plaintiffs and other gay men and lesbians throughout California, and adds yet another chapter to the long history of discrimination they have suffered.

Third – Proposition 8 perpetrates this irreparable, immeasurable, discriminatory harm for no good reason.

He explained each of the three points and concluded, "Proposition 8, and the irrational pattern of California's regulation of marriage which it promulgates, advances no legitimate state interest. All it does is label gay and lesbian persons as different, inferior, unequal, and disfavored... It is unconstitutional."

The opposition also made their opening statement, arguing that marriage is for procreation and, if gay marriage is legal, it will harm marriage for straight people. Nothing new here.

Each of the four plaintiffs testified: Paul Katami and Jeffrey Zarillo, a gay male couple from southern California, and Kristin Perry and Sandra Steir, a lesbian couple from northern California. They talked about the struggle to come out, their relationships, the Prop 8 campaign, why they want to marry and the second-class status of domestic partnerships. Only Katami was cross-examined.

Live-blogged day 1 testimony from the plaintiffs can be read here: Prop 8 Trial Tracker, Firedoglake, and The San Jose Mercury News. The National Center for Lesbian Rights has a good summary of the testimonies.

Near the end of the day, Professor Nancy Cott began her testimony as an expert witness on the history of marriage in America. She discussed the public and private aspects of marriage, and showed how marriage has already changed more than once. She will return to the stand Tuesday morning when the trial resumes.