Tag Archives: Prop 8. marriage equality

The Prop 8 Fight Isn’t About YouTube

Cross posted from the Prop 8 Trial Tracker.

Over the weekend, the Matier and Ross column in the San Francisco Chronicle “outed” Judge Vaughn Walker.  As I pointed out then here at the Prop 8 Trial Tracker, Andy Pugno’s response was muted. A mere suggestions of bias without a full accusation.

We are not going to say anything about that,” Pugno said. … “In many ways, the sponsors of Prop. 8 have been put at significant disadvantage throughout the case. Regardless of the reason for it.”(SF Chronicle)

But, Andy Pugno had no reason to make the full-throated accusation. After all, his audience now is a more subdued one made up of judges. And, he doesn’t need to rile up the base, after all, that’s what the National Organization for Against Marriage (NOM) is for.  And boy, do they have a doozy on their hands here.  They hit all the points in a letter they sent out to their email list:

The letter, from NOM’s Executive Director Brian Brown, reads pretty much the way you’d expect from NOM. There’s Pugno’s “we don’t know if it’s true, but he’s really mean” line, but they quickly get to the red meat “activist” line:

We have no idea whether the report is true or not. But  we do know one really big important fact about Judge Walker: He’s been  an amazingly biased and one-sided force throughout this trial, far more  akin to an activist than a neutral referee. That’s no secret at all.

I’ll forgive Mr. Brown for missing my earlier post on what being a judge really means. While it sounds cute to say “neutral referee” or that they are “calling the balls and strikes,” being a judge does require some judgment. It requires analysis that will vary from judge to judge. But don’t worry, there’s more to be horrified over:

But the most egregious, and damaging, of all of Judge  Walker’s rulings was his determination to violate federal rules to  broadcast his show trial worldwide. The US Supreme Court eventually  blocked Walker’s efforts (and rapped his biased knuckles sharply!)  finding that he improperly changed the rules “at the eleventh hour” in  violation of federal law. (Unfortunately, however, but by the time the  Supreme Court issued a permanent stay two days into trial, the  supporters of Prop 8 had already lost two-thirds of their expert  witnesses who feared retaliation from the publicity).

This is really the heart of where the pro-Prop 8 people are going with this.  It’s all about the YouTube. Their witnesses were so scared of appearing on YouTube that they couldn’t possibly testify. Terrified, I tell you! But, when it comes down to it, what they were scared of was cross-examination. After seeing David Boies destroy both witnesses who did agree to hop on the stand, you can’t blame them. Take LSU Professor Loren Marks. He doesn’t seem so shy to appear on YouTube. Here’s one of his appearances on the video sharing site.

You can go through their full original witness list here, and you won’t find many wallflowers. You have Paul Nathanson and Katherine K. Young who together wrote a very public report in Canada about how society is now holding down men. Seriously, they wrote a book called Legalizing Misandry: From Public Shame to Systemic Discrimination Against Men. And they’ve had no problem in running around to every possible open mic, camera, or group of accumulated sexists waiting to get the good news that they can go back to fighting for the rights of the downtrodden male gender.

And if you’d like, you can see clips from depositions of these folks on YouTube right now.  If you watch those videos, you’ll see that the reason that they were pulled from the witness has less to do with YouTube, and more to do with the testimony that they were prepared to give.

But this isn’t really about the facts, is it? It’s not about Judge Walker, and his sexuality. After all, you certainly didn’t hear any complaints from either side about Ron George being straight.  No, this is about NOM, and ProtectMarriage, and their ilk trying to do everything they can to play the public against the courts. They are setting this up for the next round. Oh, and trying to raise a few bucks along the road.

See the flip to read the full letter.

Dear Friend of  Marriage,

In a story this Sunday (Feb. 7), the San Francisco  Chronicle reported that Prop 8 Judge Vaughn Walker is gay and called his  orientation, “The biggest open secret in the landmark trial over  same-sex marriage.”

We have no idea whether the report is true or not. But  we do know one really big important fact about Judge Walker: He’s been  an amazingly biased and one-sided force throughout this trial, far more  akin to an activist than a neutral referee. That’s no secret at all.

Protect Marriage, the defendants in this case are  effectively being held hostage by Judge Walker and cannot really  comment.

But Judge Walker’s bias from the bench includes:

A series of rulings permitting deep and deeply  irrelevant “fishing expeditions” into the private and personal  motivations and secret campaign strategy of campaign proponents. It  wasn’t six guys at Protect Marriage that passed Prop 8 it was 7 million  Californians. But Judge Walker went so far as to order the Prop 8  campaign to disclose private internal communications about messages that  were considered for public use but never actually used. He even ordered  the campaign to turn over copies of all internal records and e-mail  messages relating to campaign strategy.

Even though the Prop 8 supporters were forced to turn  over private, internal documents and emails, Walker has refused to  demand the same from opponents of the measure. In fact, Walker has  refused to even rule on a motion to compel the discovery of this  information, even though he has already closed testimony in the case.  That alone is an unbelievable tilting of the playing field.

Walker has presided over a show trial designed to  generate sympathetic headlines and news coverage for gay marriage  supporters. Witness after witness was allowed to testify about their  “expert” opinion that homosexuals have been discriminated against, that  they feel badly when society does not validate their relationships, and  that the passage of Prop 8 was simply an echo of historic prejudice and  bigotry foisted on society by religious zealots.

To show the lengths that Walker has gone to create a  “record” favoring the plaintiffs, he even allowed one “expert” witness  — a gay man from Colorado who has never lived in California and was  never exposed to any Prop 8 campaign messages — to testify that his  parents’ efforts to change his sexual orientation failed.

But the most egregious, and damaging, of all of Judge  Walker’s rulings was his determination to violate federal rules to  broadcast his show trial worldwide. The US Supreme Court eventually  blocked Walker’s efforts (and rapped his biased knuckles sharply!)  finding that he improperly changed the rules “at the eleventh hour” in  violation of federal law. (Unfortunately, however, but by the time the  Supreme Court issued a permanent stay two days into trial, the  supporters of Prop 8 had already lost two-thirds of their expert  witnesses who feared retaliation from the publicity).

Judge Walker’s bias has been so extreme, he’s earned a  rare judicial “twofer.” Key elements of his “fishing expedition” rulings  were already reversed by the Ninth Circuit Court of Appeals (notably  one of the most liberal in the nation) and the Supreme Court had to step  in to block his illegal attempt to broadcast the trial.

It is highly unusual for a higher court to have to  intercede in a trial judge’s handling of a trial while it is going on —  yet Walker has had that “distinction” twice in the same case — and  we’re not yet even at closing arguments.

There’s only one saving grace to Judge Walker’s bias.  It’s so big, and so obvious, not only the American public but the  Supreme Court itself is already aware we have bias in the trial judge  presiding.

Faithfully,

s

Brian S. Brown

Executive Director

Prop 8 Voting Patterns Analyzed

And, if you’ve been paying attention, they’ll seem quite familiar.  If you have been sucked in by the media’s “pit the blacks against the gays” strategy, well, I guess you’re in for a surprise.  In a study by two New York political science professors, race ends up way down the list on correlation with yes votes.  The report is highlighted by equalitygiving.org and the full PDF is here. Here they are in order, according to Profs. Egan and Sherrill, summarized at equalitygiving:

   *  The two most important characteristics determining the vote were party identification and ideology.  Those self describing as Democrats or Liberals, overwhelmingly opposed Prop 8. Those self describing as Republicans or Conservatives, overwhelmingly supported California Proposition 8.

   * The third most important characteristic determining the vote was religiosity. Those attending religious services every week, supported Prop 8 by 70% while those attending once a month opposed it by 52% and those hardly ever attending opposed it by 70%.

   * The fourth most important characteristic determining the vote was age. All the ages groups opposed Prop 8, except for those 65+ who supported it by 67%.      As importantly, when compared to another marriage initiative in California in 2000 (the Knight initiative), all age groups increased their support of same sex marriage equality in 2008—except for those 65 years of age or older.

Race, it turns out, was far from determinative.  The votes of African-Americans and Latinos was described better by using the variable of religiosity.  That is, minorities who attended church regularly were far more likely to vote yes than an unreligious member of the same community.

I think we can definitively put to bed the argument that any one group caused our defeat.  Well, save the group of voters over 65. As those voters get gradually replaced by younger voters, our odds of defeating such an amendment grow. If you are a statistics nerd, I highly recommend the full PDF here.  The analysis is quite, well, mathy.