Federal Prop 8 trial set to begin Monday//

Proposition 8 goes to trial – Federal lawsuit begins on Monday

The lawsuit claims that the state ban violates the United States Constitution’s due process and equal protection clauses and creates a category of “second-class citizens” for gays and lesbians.

The LGBT legal teams is set to try and convince the Federal court that the voting rights of Californians should be ignored and that what they (we) have passed into law for our state shouldn’t matter.

What about a child’s equal protection under the law and their right to grow up in a traditional family? The original arguments of Prop 8 proponents are still valid.

. . .the federal lawsuit questioning the constitutionality of California’s voter-approved ban against same-sex marriage, set to begin Monday, January 11, could have sweeping impacts on whether gays and lesbians can legally marry in the Golden State..

I guess that’s a no for In Session, formerly known as CourtTV, when U.S. District Court Chief Judge Vaughn Walker rejected their offer to broadcast the trial. However he announced Wednesday that he will give the public access to the trial via tapped sessions that will be uploaded to youtube.com daily, via court staff, as he wants the process to be completely under the Court’s control.

The decision not to allow the media to broadcast the court proceedings live is somewhat of a setback for LGBT activists who had urged Walker to televise the proceedings. The judge issued his ruling after hearing arguments from both sides in the case Wednesday morning.

Alex Kozinski, chief judge of the 9th U.S. Circuit Court of Appeals, must sign off on the video plan. The court only recently decided to allow judges to have discretion over whether to televise proceedings in the courtrooms or not.

Walker’s decision is a partial win for the attorneys for the groups backing Prop 8, who warned the court that opening up the procedures to television cameras could result in their witnesses being harassed. The judge said he would turn off one of three cameras set to be used during testimony if witnesses ask not to be videotaped.

The lawsuit, known as Perry v. Schwarzenegger , has drawn wide media coverage since it was first filed in late May 2009, particularly for the odd legal pairing of lawyers Theodore Olson and David Boies. The two notably argued against each other in the Bush v. Gore U.S. Supreme Court case of 2000, which was won by Olson and handed the presidency to George W. Bush.

The attorneys agreed to argue the Prop 8 case on behalf of two couples – Berkeley residents Kris Perry and Sandy Stier, and Burbank residents Paul Katami and Jeff Zarrillo – who were denied the right to marry by the passage of Prop 8 and the California Supreme Court’s subsequent ruling upholding the constitutional amendment. The lawsuit claims that the state ban violates the United States Constitution’s due process and equal protection clauses and creates a category of “second-class citizens” for gays and lesbians.

The parties involved are expecting this case to be rather lengthy and complex. The No on Prop 8-ers and the couples who brought the suit are hoping that by the time this case gets to the Supreme Court (which apparently they are planning on happening) that the Court will be very different from what it is today, more liberal and apt to rule in their favor.  They are also hoping that the country will be more accepting and sympathetic to their plight.

I can’t predict what the make-up of the Supreme Court will be in years to come, but what I can say is that the individuals who voted in favor of Prop 8 did so according to their value systems and beliefs.  Newsflash, we have that right in this country, and in our great state of California. We actually have a backbone, we can’t be bought and we aren’t likely to take leave of our morals just because the opposition is trying to publicize this mess and wear us down. Are we sick of hearing about it, of all of their whining under the guise of “discrimination” and equality? I sure am. I find it appalling that they can whine when they don’t get their way, when other conservative voters out voted them, and then think that the entire country should be so concerned about their having been out voted on the gay marriage issue. Sorry, that’s the way it works folks.

In my opinion, their case simply translates into this: Prop 8 oponents, (who have now been boiled down into the lawsuit brought to Federal Court by these two couples),  have no regard what-so-ever for the voters of California, for our rights as citizens to shape our own state’s Constitution. To the GLBT Prop 8 opponents, our conservative, moral-based winning vote and wining law suit, might I remind them,  doesn’t matter. That is what you folks are saying right? In fact, they actually believe that their votes are the only ones that should matter. Now who’s being discriminated against? Talk about inequality. This just in: Gay votes counted 2 to 1 against conservative votes. Would that make you happy GLBT supporters?

Let’s just play a little hypothetical game here: say the gay votes did count 2 to 1, (which would be insanely unconstitutional, but let’s just say), in order for them to be properly counted, they’d have to make some kind of designation on their ballot, or registration or something. So the fact that they would have to disclose their sexual orientation, would likely make them up in arms again, and feel that they are being discriminated against. The point here is, you just can’t win with these people. They use the whinny, “poor me” mantra when ever they feel like it, and we are all supposed to bend over backward to accommodate them, just because they claim to have been treated unfairly.

Well, I hope that the attitude in the country and in the Supreme Court is different if this ridiculous case ever gets there; I hope Americans are tired of being bullied by pathetic political correctness, and that they will be able to see right through this anti-prop 8 way of thinking and start to focus on the horrendous impact gay marriage can and will continue to have on children who deserve both a father and a mother. The research is out there, some of it posted in the archives of this blog. Check it out.

Thanks for reading. ~journalista

Source: Bay Area Reporter

2 thoughts on “Federal Prop 8 trial set to begin Monday//

  1. Hi journalista,

    At the Volokh blogsite there is a discussion among legal profs and law students about the partiality of the Judge in this case.

    Walker’s decision to broadcast the proceedings — via YouTube — is just one of several steps he has taken that show, or at least creates the strong impression of, his inability to ensure fair treatment of the litigants.


    Ed Whelan has provided extensive analysis of Judge Walker’s actions on this case thusfar:


    Whelan also wrote a lawyerly reply to the Olsen article in Newsweek:


    Also checkout the following no-holds barred criticism of the anti-8 legal (aka political) strategy:


    Expect some very lively comments at that blogsite.

    The anti-8 litigators can’t really hope to do more than use the courtroom as a political stage for nation-wide propaganda. There is a risk that I think they haven’t accurately assessed: this Judge has bent over backwards to set the political stage, however, if he decides that the “anti-gay” argument is weak or illusory, then, even all of these advantages will have been to no avail for the anti-8 side. At issue is a question of law, not a question of impugning the motivation of the pro-amendment trial participants. Walker appears to be an odd ball on the bench.

    Whatever the outcome at the bench trial, this case is likely to be appealed, as you said, and pushed as far up the judiciary chain as possible.


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