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Prop 8 preview takes brainy detour

By Mark Obbie

Greg Moran is a brave reporter -- and, evidently, one who has his editors' trust. It's not often that a courthouse reporter can sell his editors on a story about a new legal standard that's applied to certain cases. But that's what this San Diego Union-Tribune courts reporter did to preview next week's oral arguments in the California same-sex-marriage battle. And, while his story isn't light reading, it's a lucid and important explanation of a previously obscure aspect of the California Supreme Court's ruling on same-sex marriage. Moran, without leaning heavily on sources for explanation, shows his readers how the outcome of the pending case -- which challenges Proposition 8, the voter-approved constitutional amendment overturning the court's ruling -- won't affect another aspect of the holding. The court found gay rights to be fundamental rights, and thus laws restricting them are now subject to strict scrutiny. Regardless of the outcome of the battle over Prop 8, Moran writes, the precedent set by the court will affect many other cases. Judging from the initial reader comments on the story, this may have flown right over the heads of many. But it's a valiant attempt at educating the public about important and complex legal realities. I'm surprised I haven't read this already about the California court's ruling. Then again, it's a daunting writing challenge in a general-circulation newspaper, and not everyone is up for the task.

Full post as published by Lawbeat on February 24, 2009 (boomark / email).