Wednesday, November 25, 2009

The American Prospect on Perry v. Schwarzenneger: "Gay on Trial: Why more than marriage is at stake in the federal challenge to Prop. 8"

11/23/09 The American Prospect:

Garbiel Arana, editorial assistant at The American Prospect, has written an exceptionally succinct, nuanced, and comprehensive article on Perry v. Schwarzenneger. She reviews the controversy over the legal strategy it represents, the legal arguments of attorneys representing parties on both sides, and the merits and weaknesses of those arguments. But, as the title of her article suggests, she assesses the broader importance of the case, beyond the attempt to recognize that same-sex couples have no less right to marry than heterosexual couples. She observes that "[t]he case is really about the place of gay people in society." She emphasizes the far-reaching legal and social ramifications if the constitutional defeat of Prop. 8 succeeds, the consequences if it does not, and the limitations of litigation in securing equal protection of unpopular minorities.

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