In a brief filed late Monday night by the legal eagles opposing Proposition 8, attorneys representing two same sex couples tied the kind of thinking behind the ballot measure to the recent spate of suicides among gay and lesbian youth.
Theodore Olson wrote that an anti-gay marriage measure like Prop. 8 "inexorably leads to shame, humiliation, ostracism, fear and hostility," the consequences of which "are all too often very, very tragic."
In a conference call with reporters Tuesday, Olson colleague Ted Boutrous acknowledged Attorney General Jerry Brown's decision not to defend Prop. 8 was "an enormous help" in convincing Federal Judge Vaughn Walker to strike down Prop. 8 last August.
Boutrous also said his side would rather win the Appeals court ruling "on the merits" with the affirmation of Judge Walker's decision.
But there's also the possiblity that the Court of Appeals may find that Prop. 8 proponents lack authority to even stand in for the state in appealing the lower court's Prop. 8 decision. If that happens, the Appeals court could reject Prop. 8 without giving same sex marriage supporters the broad legal victory they seek.
In their 134-page brief filed last month with the Appeals Court, Prop. 8 proponents reiterated arguments made in their lower court presentations, namely that marriage has historically been limited to one man and one woman and that marriage is the basis for pro-creation and healthy child-rearing.