Prop 8 Attorneys Make Case for Democratic Rights//

Proposition 8 Trial Continues . . .  U.S. Supreme Court set to make final ruling Wednesday on trial broadcast

The trial continues and Attorneys for Proposition 8– the measure that upheld traditional marriage in California– are focusing on democratic rights. I agree with that angle. I’m not an attorney, yet, but from my point of view, as a voter, that’s where the problem is. Legal counsel for the opposition to Prop 8 are trying to invalidate our votes and our rights as Californians to change our State Constitution.

“Clearly the big issue on this case is going to be the role of the courts and the rights of the people ultimately to make decisions in the democratic process and to be able to have their votes counted,” explained attorney Andre Pugno.

Prop 8 attorneys say they’re concerned about hatred against traditional marriage supporters.During the campaign against gay marriage, church vandalism was witnessed and some Prop 8 supporters received death threats, including Pastor Jim Franklin in Fresno, Calif.

“I’ve had threats before and you don’t know how seriously to take them,” Franklin recalled. “The chief of police called me back in about two minutes and said ‘Yes, we’re taking it very seriously because of the nature of it.'”

That kind of intimidation is why Prop 8 supporters oppose broadcasting the trial and posting it on YouTube. They fear for the safety of witnesses.

Opponents, however, say Americans should be able to view the debate for themselves.

The U.S. Supreme Court will make a final decision on the issue Wednesday.

Meanwhile, the California trial against Prop 8 is expected to last two to three weeks. No matter the outcome, the case is expected to be appealed to the high court.

source: CBN.com

Advertisements

Supreme Court Blocks YouTube From California’s Prop 8 Trial

source: the liberal oc.com

A small victory today for the Pro Prop 8 side.

The Supreme Court has blocked youtube streaming of the trial,

at least for now.

The U. S. Supreme Court has put a halt, at least temporarily, on plans to let Google’s (GOOG) video site stream coverage of the “Proposition 8″ trial, which kicked off today in a San Francisco courtroom.

U.S. District Judge Vaughn Walker was going to allow the trial to be covered, on a tape-delayed basis, on the world’s biggest video site.

The Supreme Court has granted a temporary order overturning Walker’s ruling to allow tape-delayed youtube videos to be uploaded to the site by Court staff.

The court didn’t explain its reasoning, according to the Los Angeles Times, but perhaps we’ll hear more down the road–the ruling is only supposed to remain in effect until Wednesday.

Prop. 8 trial Day 1: Live coverage from the courtroom

If you want up-to-date trial info, the San Jose Mercury News is covering the trial from the Court room, and you can read their updates here.

Sources: TorrentBomb News All Things Digital

Share this blog or post with your friends.  Click the button below:

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.

{Click here to continue reading. . .}