The federal trial, Perry v. Schwarzenegger is supposed to start on Monday and Judge Walker has ruled to allow delayed YouTube posting of video. But earlier today the defendants (Prop 8 supporters) filed an emergency petition with the 9th Circuit Court of Appeals asking them to stop the trial and overturn Walkers’ ruling on YouTube. Merc:
In court papers, lawyers for the Prop. 8 campaign argue that Chief U.S. District Judge Vaughn Walker did not have the legal authority to permit cameras in the trial, which is set to begin Monday in San Francisco. Prop 8 backers say that broadcasting the proceedings “is likely to negatively affect the fairness of the trial.”
The plaintiffs had until 3 PM today to respond. This is all likely to move pretty quickly, given that the trial is supposed to start the next business day.
Meanwhile, NOM thinks they are going to lose the case.
Over the last few days they have been clearly communicating to their email list that Judge Walker is not friendly to them and now are blatantly saying they expect to lose the trial.
Brian Brown just sent out an email to NOM’s list. Karen Occam has part of it up at LGBT POV. Brown writes:
We do not expect to win at the trial level, but with God’s help, at least five members of the current Supreme Court will have the courage to defend our Constitution from this grave attack.
Their major complaint is that Judge Walker has made this a full-blown trial, complete with witnesses and a broad set of issues under consideration. It will be a full and complete vetting of the issues, motivations and law surrounding marriage and equality for all.
This is perhaps my favorite part of Brown’s massive missive:
That’s right, the Constitution drafted by our Founding Fathers contains a right to gay marriage–in their twisted view. This is judicial activism on steroids, and a flagrant disrespect for civility, common sense, and democracy.
Gay-marriage advocates believe they have a right to win. They think you and I don’t count. NOM will be filing an amicus brief in this litigation, and will work with Protect Marriage and the lawyers for Prop 8 in every way we are asked.
My Mr. Brown your real feelings about marriage equality supporters seems to have slipped out. Usually you are so nice and polite, but now we are “twisted”? Would that be your bigoted side, showing about how you really feel about LGBTs?
So a legal trial, where there is lots of structure, procedure and rules is now disrespectful, uncivil, lacks common sense and is undemocratic? Pardon me while I laugh.
Yes, we do believe we have a right to win a court case. The judicial system creates winners and losers, shocker I know…
It isn’t that we think you don’t count, it’s just that we think there are three branches of government with checks and balances on the other two. The judicial system has a role to play in determining the constitutionality of both federal and state law. That’s exactly what will happen in the courtroom (with some luck) on Monday.
This trial is going to be full of drama. I’m very much looking forward to it. I know I’ve been a bit of a slacker about blogging as of late, but expect some more writing from me over the next few weeks about the trial.
It will be very upsetting to some to watch the supporters of Prop. 8 on trial in CA; terrorists on trial in NYC; and a trial of Bush’s DOJ lawyers in preparation as I write. It may all come down to the Supreme Court and we know what they did in 2000. They are about to give corporations unlimited ability to finance ads in elections. Interesting year ahead.
I haven’t been following this case that closely (beyond the occasional article here), so I wouldn’t know how the pre-trial stuff has gone. But it seems premature on their part to be that pessimistic from their perspective.
Is it possible they are just trying to raise money using this?