As we noted earlier, citing the report by Variety’s Ted Johnson, the Prop 8 proponents filed a motion with the US Supreme Court to ban the camera in the federal Prop 8 trial set to start on Monday.
Johnson wrote that the Prop 8 proponents asked Justice Anthony Kennedy for a stay to the proceedings while they petition the Supreme Court about allowing in the camera and posting the video on YouTube.
“In a filing from chief counsel Charles Cooper, they reiterated their argument that the plans for televised coverage diverges from “long standing policy of the Judicial Conference of the United States,” but they also go further and claim that it is the result of “unlawful process used to ensure that the proceedings in this particular case would be broadcast, regardless of the consequences.”
They claim that the plans for cameras would cause witnesses “irreparable harm,” and undermine the chance for a fair trial. They also argue that the idea of a broadcast — made possible by a recently launched pilot program — was put into place without the Ninth Circuit Court of Appeals conducting a full review, including comments from the public.”
Johnson also noted that Judge Alex Kozinski of the Ninth Circuit has not yet approved broadcasting the trial beyond the close circuit showing in other federal courtrooms.
Meanwhile, Yusef Robb, spokesperson for the American Foundation for Equal Rights, the group sponsoring the federal challenge, sent this response out via email:
In a last gasp attempt to keep cameras out of court, the Defendant-Intervenors in Perry v. Schwarzenegger have made an emergency application to the Supreme Court asking Justice Kennedy to block camera coverage.
We have been asked to file a response by 12:00 Eastern on Sunday, January 10.
“Those who want to ban gay marriage spent millions of dollars to reach the public with misleading ads, rallies and news conferences during the campaign to pass Prop. 8. We are curious why they now fear the publicity they once craved,” said Chad Griffin, Board President of the American Foundation for Equal Rights. “Apparently transparency is their enemy, but the people deserve to know exactly what it is they have to hide.”
Since Kozinski has not yet ruled on whether the closed circuit feed can be placed on YouTube – and the response brief is due at noon (EDT) – 9:00am Pacific Time – hundreds of people like me could be mid-air or just touching down in San Francisco only to find that Kennedy has granted a stay and the trial has been delayed. For smaller LGBT publications and freelancers who are taking a financial hit to cover this as LGBT history, a delay would feel as if the Prop 8 proponents are delivering one more sucker punch, one more twist of the knife to make us pay dearly for pursuing our constitutional rights.
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Quite apart from the video issue, it seems to me they are doing everything possible to delay this trial: the arguments over discovery, then Tam’s attempt to withdraw, and now this.
What is the benefit to them of delaying?
this is becoming more like they are AFRAID of something than just another delaying tactic; do they think someone is going to discover they did something illegal?
Those Prop8 people are despicable. This is more than just a delay tactic, and they know they are doing something illegal. They were never afraid to go on camera before when they were spewing their lies to take away the rights of a minority; Just because they want to make this country a Theocracy. A Theocracy that will control this country and the people in it; To live by their rules. Like the Catholics, they get big tax breaks, and spend it to oppress the gay people,and to buy politions to rule in their favor and deny the gays their equal civil rights. Same with the Mormans, and Evangelicals, “They like the easy plush jobs they have, preaching and causing trouble, and flexing their power. “And they want to keep that POWER too”; That is why they are fighting so hard to keep ‘Oppressing the Gays. And keeping this country a THEOCRACY. “Which is illegal,That is NOT what our Founding Fathers wanted.
Cockroaches always hate it when the lights come on: they skitter off into the dark corners. Bring on the lights and let them be known publicly for the hatred they foment privately.
To my understanding any stay issued by the Supreme Court does not have an effect on the trial itself, just the broadcasting. So the trial will start on Monday regardless.
Thank you. I’m about to board a plane in a few hours and that was a big concern – though I’ve seen reports saying they were seeking a delay of the whole trial while they argued this point.
Nonetheless, I leave here with a growing sense of excitement.
Thank you.