(SAN FRANCISCO) The final witness for supporters of Proposition 8 ended the trial phase of the Federal Civil Lawsuit.
David Blankenhorn is the founder of a conservative research group dedicated to publishing documents about preserving traditional families.
During cross examination by Plaintiff’s Attorney David Boies, the session often became contentious.
Blankenhorn was noticeably agitated. US District Judge Vaughn Walker intervened on a few occasions, and at one point Blankenhorn seemed to snap at Judge Walker.read more
(SAN FRANCISCO) Ten minutes into Defense Attorney Charles Cooper’s opening statement, US District Judge Vaughn Walker asked what the difference between racial restrictions in marriage and sexual orientation.
Cooper responded conceding that prior restrictions based on race were solely based on white supremacy, and clearly wrong.
Cooper described the institution of marriage as primarily for, “Socially approved sexual intercourse that is naturally pro-creative.”
“How does allowing homosexuals to marry prevent heterosexuals from continuing to procreate,” Judge Walker asked.read more
(SAN FRANCISCO) The opening statement of by Plaintiff’s Attorney Theodore Olson ran into a flurry of questions by Chief District Judge Vaughn Walker.
Traditionally, opening remarks tend to drone on as attorneys read from prepared statements. But as Olson was making a point, Walker jumped in.
“In the words of the highest court in the land, marriage is the highest right in the land,” Olson said,
“But, is the right to be married the same as the state granting a license,” Walker asked.
Olson struggled and responded simply, “Yes.”read more
(SAN FRANCISCO) In yet an other effort to block the broadcast of the federal lawsuit to overturn Proposition 8, supporters of the referendum have appealed to the US Supreme Court.
According to the brief as quoted by the Los Angeles Times, attorney Charles Cooper wrote, “The record is already replete with evidence showing that any publicizing of support for Prop. 8 has inevitably led to harassment, economic reprisal, threats, and even physical violence. In this atmosphere, witnesses are understandably quite distressed at the prospect of their testimony being broadcast worldwide on YouTube.”
Cooper also wrote the trial, “has the potential to become a media circus.”
The appeal was filed before US Supreme Court Justice Anthony Kennedy and it asks for video broadcast to be blocked.
A similar motion was filed before the 9th Circuit Court of Appeals in San Francisco January 8th. It was quickly denied by a three judge panel.
The US Supreme court has given plaintiffs in the case till noon Eastern Time Sunday, January 10th to file a response.
Chad Griffin, President of the American Foundation for Equal Rights, said they will respond to the motion.read more
(SAN FRANCISCO) The motion by supporters of Proposition 8 to postpone the broadcast of the federal lawsuit to overturn the public referendum has been denied by the 9th Circuit Court of Appeals.
A brief decision issued Friday evening by Justices Bary Silverman, Richard Paez, and Carlos Bea turned down the motion, “Petitioners have not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus.”
In a separate announcement by the US District Court Of Northern California, the Proposition 8 trial will be broadcast live via closed circuit video feed to five other locations.
The live feed will be linked to a room at the US Court of Appeals in Portland, Oregon, the Federal Courthouse in Seattle, Washington, the Federal Courthouse in Brooklyn, New York, the Federal Courthouse in Pasadena, California and the 9th Circuit Court of Appeals in San Francisco, California.
According to the statement, more locations could be announced.
This is the first federal trial to allow cameras in the courtroom. It’s part of a pilot program that was first proposed in 1990.read more
(SAN FRANCISCO) A motion has been filed with the 9th US Circuit Court of Appeals to postpone televising the Proposition 8 Federal Trial before US District Judge Vaughn Walker.
In two motions filed by supporters of Prop 8, attorneys asked Judge Walker to delay his order to upload the entire proceedings to YouTube. Prop 8 supporters say they want the delay until the 9th Circuit Court of Appeals reviews Walker’s decision.
The emergency petition was filed with the 9th Circuit Court and US District Court. The 9th Circuit gave the plaintiffs in the case till 3pm Friday to file their response.
Yusef Robb, a spokesman with the American Foundation for Equal Rights, said they filed their response just before the 3pm deadline.
“We think the American People should be able to see this court in action as it weighs this important case,” Robb said in a brief phone conversation.
Theodore Olson, one of the lead attorneys in the Federal lawsuit to overturn Proposition 8, said following a recent hearing he believes this case is a perfect opportunity for the public to watch as constitutional issues are being decided.
Supporters of Prop 8 have opposed this trial being the pilot for the US Federal courts to televise trials in their entirety. They argued during a January 6th hearing that televising this trial would imperil their clients and expose their witnesses to public intimidation.read more