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Florida's project is also an optimal test case, having already been approved by the state and relatively free of red tape. The line is set to open by 2015, the environmental-impact assessment has already been done, and the state owns more than 90% of the route's right of way. That should reduce the property struggles and legal challenges that have slowed other new rail projects. "Florida is relatively cheap compared to other projects," says Todorovich. "This is the sort of project they can use to build support on a national basis. You need a success...
...bringing this case, legal powerhouses David Boies and Ted Olson - who most famously opposed each other in the Supreme Court over the 2000 presidential election - have managed to make mainstream the notion of gay marriage in a way that not even years of campaigning by gay-rights groups had been able to. That began to be clear almost immediately after the trial began early this month, as Republican stalwarts, from Cindy McCain to Herbert Hoover's granddaughter, began to speak out in favor of gay marriage. "This trial, and Ted's and David's profiles as nationally prominent, mainstream opinion...
...Albert Mohler, a leading figure in the fight against gay marriage, says that in light of Lawrence, he understands Boies' line of attack. But he told TIME that marriage is different. It is "the central institution of human society." "The problem with that argument is that the current case has to do with marriage, not merely with the right to engage in certain sexual acts," says Mohler, who is the longtime president of the flagship seminary of the Southern Baptist Convention in Louisville, Ky. "There are more than ample grounds to argue that the sustenance of marriage is necessary...
That's where the trial - and the federal rules of evidence that govern it - comes in. "This case clearly presents a clash of worldviews," Spindelman says. "But the legal system can't just pick sides between them; it couldn't and still be a decision consistent with the rule of law. There must be reasons for whatever conclusion the trial court reaches and facts supporting them...
Cooper tried to make a different case, namely that the government's interest in preserving marriage as it has traditionally been understood is not just legitimate, but vital. "The question is, Is this institution designed for these pro-child reasons or is it to produce companionship and personal fulfillment and expression of love?," he said in court. "Are those purposes themselves important enough to run risks to the accomplishment of the pro-child purposes...