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.

Some amazing volunteers put together this video for the Courage Campaign.  Unlike some other ads out there (NOM NOM NOM), individuals appearing in this video are real people, including a carpenter, lawyer, priest, and a soldier discharged under the military’s “Don’t Ask Don’t Tell” policy.

Speaking of NOM…they are out today with their latest ad, playing the victim and trying to claim that they lose their rights when gay people want to get married.

As “We the People” explains, marriage equality and religious freedom are not in conflict. The constitution provides for a separation between church and state, meaning that no religious organization can be forced to perform or acknowledge same-sex marriage if they choose not to.

They are sowing fear and distorting the facts in an attempt to try and hold on to an increasingly smaller share of the American public.

NOM is putting Miss California up as their spokeswoman victim.  They probably correctly assume that she is a better mouthpiece than their most prominent board member, best-selling fiction writer Orson Scott Card.  PFAW:

(full disclosure: I work for the Courage Campaign)

“The NOM has argued that it is not a homophobic organization, but Card’s remarks suggest otherwise. Card, who represents the Church of Jesus Christ of Latter-day Saints on the board and received an effusive welcome last week from NOM president Maggie Gallagher, supports criminalizing sex between same-sex adults:

Laws against homosexual behavior should remain on the books…to be used when necessary to send a clear message that those who flagrantly violate society’s regulation of sexual behavior cannot be permitted to remain as acceptable, equal citizens.

“Card has also advocated overthrowing the government if same-sex marriage is permitted:

How long before married people answer the dictators thus: Regardless of law, marriage has only one definition, and any government that attempts to change it is my mortal enemy. I will act to destroy that government and bring it down, so it can be replaced with a government that will respect and support marriage, and help me raise my children in a society where they will expect to marry in their turn.

Biological imperatives trump laws. American government cannot fight against marriage and hope to endure. If the Constitution is defined in such a way as to destroy the privileged position of marriage, it is that insane Constitution, not marriage, that will die.

Puts those comments about bigotry in context, no?

NOM is afraid of change. Don’t let them take away what makes this country so great.

Let us all stand together for equality and freedom.

Sign the pledge to repeal Prop 8. Please pass the video along to your friends and family.