There have been two developments in the Perry v. Schwarzenegger case in the last ten days worth discussing. The most recent is yesterday’s ruling by the Ninth Circuit Judicial Council that will allow the trial (due to begin on January 11th) to be televised ... The second big issue, also one that suggests an ethical gap between the lawyering and the politics of the case, involves a motion by the plaintiffs to have the organizational proponents of Proposition 8 divulge their internal campaign communications relating to strategy and messaging ... As I have blogged before, I get worried when the lawyers on “our” side pursue litigation strategies borrowed from the opponents of other civil rights movements, and which are deeply non-progressive in nature. Further, isn’t there something rather, um I don’t know, ironic about gay people seeking to use shame as a political tool to combat their enemies by dragging them out of the closet?
Monday, December 21, 2009
Where We Are At In Perry v. Schwarzenegger? Questionable Pre-Trial Tactics By Plaintiffs’ Lawyers & A Televised Trial
12/19/09 Gender & Sexuality Law Blog, by law professor Katherine Franke:
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I couldn't disagree with Prof. Franke's sentiment more forcefully. We are in it to win it and improve our lives. She, however, seems more concerned about symbolism and whether it's nice to shame these bastards.
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