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.

As you are no doubt aware, starting on Monday, a Federal Court in San Francisco will review the California Supreme Court decision to uphold the infamous Proposition 8.

This trial will be one of the most important civil rights cases in a generation, in which Bush/Gore 2000 adversaries David Boies and Ted Olson team up to defeat California’s Prop 8 ban on same-sex marriages. We don’t want to miss it.

Firedoglake wants to bring Scooter-Libby-trial style reporting to San Francisco’s Federal Courthouse.  We have a California team — David Dayen arrives from Los Angeles this weekend and I’ll provide commentary and video interviews — and will welcome Libby liveblogger Marcy Wheeler later in the week.

But we need your help to do it.

We want to bring some interpid Firedoglake bloggers and reporters to cover the Prop 8 trial, but we need your help to make it happen. Can you help us reach our goal of 3,000 people donating $1 a day or more to help us cover the Prop 8 trial?

Click here to donate $1 a day or more to fund Firedoglake and our coverage of the Prop 8 trial.

FDL has grown a lot since we covered the Scooter Libby trial in 2006, and we now have an incredible group of full time writers and reporters like Jon Walker and David Dayen, in addition to our superb editing and tech crew. But that means the cost of publishing the blog on a daily basis has also increased dramatically.

If 3,000 people donate just $1 a day, it allows us to pay our staff and our regular expenses and continue to produce independent journalism that is free from the limitations imposed by corporate, foundation or big donor funding.

Perry vs Schwarzenegger will set an important precedent in civil rights cases of this kind, and represents an opportunity to continue the same kind of unbridled, independent journalism that you can’t get from the mainstream media.

The trial starts on Monday. Can you donate $1 a day to help us bring David Dayen and Marcy Wheeler to cover this historic trial?

Help us bring the Prop 8 trial to the FDL community. Click here and pledge $1 a day or more to Firedoglake.

Donations have been instrumental in bringing us this far, and we need your help to keep the momentum going. Please join us and pledge your monthly donation to FDL today.  Thank you for your support.