Prop 8 Challenge - David Boies

  • Aired:  12/14/10
  •  | Views: 35,222

David Boies supports the Prop 8 challenge because marriage is one of the most important rights in America. (7:16)

NATION, WITH ALL THE HUBBUB OF

THE HOLIDAY, SOMETIMES YOU LOSE

TRACK OF WHAT'S REALLY

IMPORTANT, BEING MAD AT GAY

PEOPLE.

( LAUGHTER )

WELL, LAST WEEK I HAD ANOTHER

OPPORTUNITY TO BE ENRAGED

BECAUSE PROP 8, THE CALIFORNIA

BAN ON SAME-SEX MARRIAGE, WHICH

WAS RULED UNCONSTITUTIONAL LAST

SUMMER, WAS CHALLENGED IN

FEDERAL COURT, AND THIS TIME THE

GAY-VOLUTION WAS TELEVISED.

NOW, TV CAMERAS IN FEDERAL COURT

IS RARE.

NO ONE LIKES TO SEE HOW THE

SAUSAGE IS NOT ALLOWED TO MARRY

OTHER SAUSAGE.

FIGHTING FOR GAY MARRIAGE, YOU

GOT A SURPRISING DUO, DAVID

BOIES AND THE END OLSEN, WHO

WERE THE OPPOSING LAWYERS IN

BUSH V. GORE.

EVIDENTLY GAY MARRIAGE MAKES FOR

STRANGE BEDFELLOWS, NOT THAT I'M

SAYING THAT THEY'RE BEDFELLOWS.

I'M JUST SAYING THESE LAWYERS

SEEM TO ENJOY EACH OTHER'S

BRIEFS.

( LAUGHTER )

I KNOW.

PLEASE.

AND ON THE OTHER SIDE, THE

PEOPLE AGAINST GAY MARRIAGE HAVE

A PROBLEM AS JEFFREY DOOB TOOBIN

EXPLAINS FROM HIS UNDISCLOSED

LOCATION.

>> THE USUAL DEFENDANTS ARE THE

GOVERNOR AND THE ATTORNEY

GENERAL OF THAT STATE, BUT THE

GOVERNOR AND ATTORNEY GENERAL OF

CALIFORNIA, ARNOLD

SCHWARZENEGGER AND JERRY BROWN,

BOTH AGREE WITH THE PLAINTIFFS,

THAT PROPOSITION 8 IS

UNCONSTITUTIONAL.

>> Stephen: WHAT?

GAY MARRIAGE IS A SIN, BUT A

REPUBLICAN AGREEING WITH A

DEMOCRAT?

THAT IS AN ABOMINATION.

AND SINCE FRICK AND FRACK OVER

HERE WOULDN'T APPEAL IT, SOMEONE

ELSE HAD TO STEP UP TO FIGHT FOR

AMERICAN'S CONSTITUTIONAL RIGHTS

TO TAKE AWAY OTHER AMERICANS

CONSTITUTIONAL RIGHTS.

THE WEB SITE PROTECT MARRIAGE

DOTTED COM, AN ORGANIZATION

DEDICATED TO FIGHTING FOR

TRADITIONAL MARRIAGE BY FUNDING

WHAT THEIR WEB SITE CALLS

ACADEMIC RESEARCH WHICH

DEMONSTRATES WHAT WE ALREADY

KNOW.

I SAY STUDIES THAT DEMONSTRATE

WHAT YOU ALREADY KNOW ARE THE

BEST KIND OF RESEARCH.

( LAUGHTER )

THAT'S WHY I COMMISSIONED THE

GROUNDBREAKING STUDY, "SPANISH,

CAN I SPEAK IT?"

THE ANSWER, NYET.

NOW, TRAGICALLY THE APPEALS

COURT MAY DISMISS PROTECTED

MARRIAGE.COM'S APPEAL BASED ON A

LEGAL PRINCIPLE CALL "STANDING,"

EXPLAINED HERE BY DAVID BOIES.

>> IN ORDER TO HAVE THE ABILITY

TO INVOKE THE JURISDICTION OF

THIS COURT, THE APPELLANTS HERE

MUST HAVE A PERSONAL, CONCRETE,

PARTICULARIZED INJURY, AND THEY

DON'T.

>> Stephen: THAT IS

RIDICULOUS.

OVERTURNING PROP 8 WOULD INJURE

EVERY STRAIGHT PERSON.

IF IT'S OKAY TO MARRY MAN, WHY

WOULDN'T ALL MEN DO IT?

( LAUGHTER )

A, MEN KNOW WHAT MEN LIKE.

AND B, IT WOULD SPLIT UP SOME OF

THE PICKLE JAR OPENING.

SO CLEARLY, I'M EXHAUSTED,

CLEARLY PROP 8 WILL EVENTUALLY

END UP BEFORE THE SUPREME COURT,

BUT BEFORE IT DOES THAT, LADIES

AND GENTLEMEN, IT HAS TO APPEAR

BEFORE A HIGHER AUTHORITY, ME.

HERE TO PRESENT HIS CASE IS ONE

OF THE RENOWNED BUT DEEPLY

MISGUIDED LAWYERS ARGUING FOR

GAY MARRIAGE, DAVID BOIES.

DAVID, THANK YOU SO MUCH FOR

COMING ON.

( CHEERS AND APPLAUSE )

NOW, DAVID, WHY WON'T ARNOLD

SCHWARZENEGGER AND JERRY BROWN

APPEAL THIS DECISION?

>> BECAUSE THE DECISION BELOW IS

COMPLETELY CORRECT.

IT WAS 100% RIGHT.

AND THEY SEE THEY HAVE NO CHANCE

TO WIN ON APPEAL.

>> Stephen: I UNDERSTAND WHY

YOU'RE DOING THIS, BECAUSE

YOU'RE A BIG OLD LIBERAL,

BECAUSE YOU REPRESENT AL GORE.

WHY DOES TED OF SEN DO IT?

>> THESE ARE CONSERVATIVE

VALUES.

THESE ARE FAMILY VALUES.

>> Stephen: FAMILY VALUES.

GAY PEOPLE CAN'T HAVE FAMILIES.

>> OF COURSE THEY CAN.

>> Stephen: THEY CAN'T MAKE

BABIES.

THEY HAVE TO BUY READY-MADE.

( LAUGHTER )

>> SOMETIMES THEY'RE ALREADY

PREPARED, BUT HUNDREDS OF

THOUSANDS OF CHILDREN ARE BEING

RAISED BY GAY AND LESBIAN

COUPLES TODAY.

>> Stephen: AND YOUR OPPONENTS

HAVE A VERY STRONG ARGUMENT THAT

WE HAVE TO KEEP CHILDREN AWAY

FROM IDEAS OF SEXUALITY AND

BEING RAISED BY GAY PEOPLE

INTRODUCES THEM TO THE IDEA OF

SEXUALITY TOO EARLY.

ALL RIGHT.

AND I'M ON BOARD.

I THINK THAT WHEN BABIES ARE

BEING BORN, WE HAVE TO BLINDFOLD

THEM SO THEY CAN'T SEE THEIR

MOTHER'S HAVE JAY THAT.

WE HAVE TO KEEP THE KIDS SAFE.

>> AT LEAST THE BOYS.

>> Stephen: EITHER ONE.

HEY, THAT'S HOW YOU GET A

LESBIAN.

OH, NO, THAT'S PROVEN.

( LAUGHTER )

SO WHAT DO YOU SAY TO THAT?

>> WELL, THERE ARE SEVERAL

THINGS.

FIRST THE UNITED STATES SUPREME

COURT SAYS IT'S NOT, SAYS THAT

PROCREATION IS NOT THE PURPOSE

OF MARRIAGE.

LIBERTY IS THE PURPOSE OF

MARRIAGE.

>> Stephen: LIBERTY?

THE CONSTITUTION ENSHRINING OUR

LIBERTY.

THIS IS NOT CONSTITUTIONAL

BECAUSE I AGREE WITH SCALIA, FOR

SOMETHING TO BE CONSTITUTIONAL,

THE FOUNDING FATHERS HAVE TO

HAVE INTENDED IT, AND IN THE

18th CENTURY, THERE WERE NO

GAY PEOPLE.

>> ALL OF THE SUPREME COURT, NOT

JUST THE LIBERALS, BUT ALL OF

THE SUPREME COURT, ALL NINE OF

THEM HAVE HELD MARRIAGE IS ONE

OF THE MOST IMPORTANT RIGHTS

THAT ANYBODY HAS IN THIS

COUNTRY.

( CHEERS AND APPLAUSE )

>> Stephen: I'M AN

ORIGINALIST.

I'M SORRY.

CALL ME CRAZY, BUT I BELIEVE

THAT MARRIAGE IS TO SETTLE

TRIBAL FEUDS OR TO INCREASE YOUR

LAND HOLDING.

( LAUGHTER )

>> WELL, YOU COULD HAVE TRIBAL

FEUDS AND LAND HOLDINGS AMONG

GAY AND LESBIAN PEOPLE, TOO.

>> YOU'RE REPRESENTING TWO

DIFFERENT COUPLES, A GAY

CUPPING, TWO MEN, AND A LESBIAN

COUPLE, TWO WOMEN WHO WANT TO

GET MARRIED.

>> TO EACH OTHER.

>> Stephen: WHY JUST NOT HAVE

THE MEN MARRY THE WOMEN?

THEN THEY'RE MARRIED AND NO

HARM, NO FOUL.

>> YOU SEE, GROUP MARRIAGES ARE

ILLEGAL, TOO.

>> Stephen: BUT THAT'S NEXT.

THAT'S NEXT.

IF WE CAN HAVE GAY MARRIAGE, WHY

CAN'T I MARRY A SNAKE?

>> WELL, THAT WOULD BE YOUR

CHOICE, BUT...

>> Stephen: THAT WOULD BE MY

CHOICE?

WOULD THAT BE MY LIBERTY, SIR IN

DID I JUST BEAT A CONSTITUTIONAL

SCHOLAR?

>> PERHAPS, BUT THE

CONSTITUTION, THE SUPREME COURT

SAYS THAT TWO PEOPLE, NOT FOUR

PEOPLE, NOT THREE PEOPLE, NOT A

PERSON AND A SNAKE, NOT A PERSON

AND A HORSE, TWO PEOPLE HAVE A

RIGHT TO GET MARRIED.

AND THEY'VE HELD THAT FOR

PRISONERS WHO CAN'T EVEN

CONSUMMATE A MARRIAGE.

THEY CERTAINLY CAN'T PROCREATE

BECAUSE THEY SAY THE MARRIAGE

RELATIONSHIP IS SO IMPORTANT TO

HUMAN DIGNITY, HUMAN

RELATIONSHIP, HUMAN FULFILLMENT

THAT YOU SHOULDN'T DEPRIVE EVEN

MURDERERS WHO CAN BE LOCKED UP

FOR THE REST OF THEIR LIVES FROM

THE ABILITY TO MARRY SOMEBODY.

>> Stephen: WELL, I FIND IT

OFFENSIVE THAT YOU WOULD CALL

GAY PEOPLE MURDERERS.

EVEN I AM NOT THAT BAD.

MR. BOIES, THANK YOU SO MUCH FOR

COMING ON.

HOLD ON A SECOND, SIR.

WE HAVE ANOTHER GUEST.

DAVID BOIES ARGUING THE CASE

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