Supreme Court Gags Prop. 8 Trial

I'll keep this short.

The Supreme Court has just ruled barring video recording of the landmark federal case, Perry v. Schwarzenegger, challenging the constitutionality of California's Proposition 8. The reasoning was that televising the proceedings would cause witnesses for the defense -- that is, opponents of same-sex marriage -- to change their testimony because they fear for their lives. The ban on televising the proceedings was accomplished by the Court's rock-hard conservative quartet -- Roberts, Alito, Scalia, and Thomas -- joined by that perennial will'o the wisp, Kennedy.

This case will, in all likelihood, reach the Supreme Court within the next 18 months. Barring some unforeseen (but very welcome) event (such as God striking down one of the FAB Four justices), it will be heard by these same justices.

I have absolutely no doubt that they will issue an over-reaching opinion that goes far beyond the issues in the current federal case. Rather than a strict Constructionist argument, which would simply say that the Founders were mute on the issue of same-sex marriage, and that marriage law has traditionally been in the purview of the states, they will create a nauseating pastiche of twisted illogic that not only robs states of that right, but firmly forbids the federal government from legalizing such unions. They will, in effect, do precisely what conservatives piss and moan about: They will be "activist judges making law from the bench."

Marriage equality advocates will, of course, then launch repeated legal challenges to overturn Perry v. Schwarzenegger. Conservatives will again piss and moan that "it's settled law," completely ignoring their own ardent attempts to overturn "Roe v. Wade."

The ultimate irony is that, when Perry v. Schwarzenegger is finally decided by the High Court, it will be the plantiffs who fear for their lives.