Though it might appear that the federal challenge to the constitutionality of Prop 8 is on hiatus because of the dearth of news stories – the American Foundation for Equal Rights, sponsors of the challenge, have nonetheless been busy.
Ted Olson and David Boies, attorneys for the plaintiffs, appeared on Bill Moyers Journal and AFER communications director Yusef Robb (not pictured) and senior project director Adam Umhoefer (pictured here second from the left) attended a LA Press Club panel discussion last Thursday on the trial with The Advocate’s Andrew Harmon (left), Variety managing editor and blogger at wilshireandwashington.com (second from right) and journalism professor and KPCC radio contributor Jon Beaupre (right) and me.
There’s been some news – Judge Vaugh Walker’s court issued a press release saying closing arguments will not be televised. But most of the work has been behind the scenes with a flurry of motions about new discovery requests and other legal filings – all due Saturday. That included a 294-page summary filed by Olson and Boies spelling out how the evidence they presented in the three-week case proves that Prop 8 is unconstitutional.
Next Thursday – Feb. 25 – I am going to be on a Los Angeles Press Club panel with Andrew Harmon, senior editor for The Advocate, advocate.com and my legally married friend, Ted Johnson, managing editor of Variety and blogger at wilshireandwashington.com. The discussion topic is: “Covering the Prop. 8 Trial: Can the Gay Press Maintain Objectivity (and Should It)?”
Having served on the board of the LA Press Club with Ted, I suspect this topic was selected long before the San Francisco Chronicle published a political column noting the “open secret” that Prop 8 trial Judge Vaughn Walker is gay – which I wrote about citing some facts to counter the spin from the National Organization for Marriage. But the timing is terrific because it may well draw many more straight people who quietly have questions and harbor a lingering doubt about Walker – and our coverage, which is sometimes cited by the mainstream media.
The panel will be moderated by openly gay radio news star and college professor Jon Beaupre who moderated another Prop 8 panel I was on last year. That lead to a political awakening for at least one of his students. Watch:
What’s that adage about spin – say it long enough, hard enough, loud enough and eventually it will take on the cloak of truth? Well, the latest missive from National Organization Executive Director Brian Brown reads more like a fairy tale – showing that this Emperor has no clothes.
Brown’s email to supporters was in response a San Francisco Chronicle column published Sunday ostensibly “outing” Judge Vaughn Walker – who was not in the closet. But Brown’s email is full of so many oft-repeated lies, I decided to respond to his allegations about Judge Walker, point by point – using the transcript from the federal Prop 8 trial over which Walker is presiding. Please click inside to read my smack-down.
After testimony ended in the Prop 8 trial, Judge Vaughn Walker allowed post-trial amicus briefs to be filed by Feb. 3. Most appeared to support the plaintiffs. Both sides have until Feb. 26 to respond to the amicus briefs – after which Judge Walker will hold a hearing to handle details and set a date for closing arguments. Please click inside to read some details about six of the briefs.
LGBT POV is among the many LGBT and MSM blogs that have been covering the federal challenge to Prop 8 (see here and here, for example). And with the decision by the US Supreme Court not to allow broadcasts of the trial outside the San Francisco federal courthouse, bloggers such as Courage Campaign’s Rick Jacobs have been live-blogging the events.
But many of us also begged the American Foundation for Equal Rights – the group sponsoring the plaintiff’s legal team lead by Ted Olson and David Boies, to please secure the expensive trial transcripts and post them on their website so everyone can see what’s happening. LA-based political strategist Chad Griffin, chair of AFER’s board, said they’d do everything legally possible to ensure public access to the trial.
They have been doing all of this without any public request for financial help, other than a button to a page on their website. Late Thursday, however, Chad sent out a fundraising letter asking the community for help in keeping this trial going. With local activism at a standstill and political attention shifted to the upcoming elections and winning federal benefits, many are counting on the Prop 8 trial team to win full marriage equality. This is them asking for your help to do that. Please click inside to read Chad’s appeal.
Yusef Robb, from the American Foundation for Equal Rights, just announced that trial transcripts from the federal challenge to Prop 8 will be posted on their site. Here’s the press release:
Nathanson and Young, professors at McGill University, were questioned by David Boies. In their depositions, they make statements that seem to support marriage equality, according to AFER, that:
“equal marriage would increase family stability, improve the lives of children, and that gay men and lesbians have faced a long history of discrimination including violence. They also acknowledge broad scientific and professional consensus in favor of equal marriage.”
I wonder if the opening minutes of Tuesday’s federal Prop 8 trial in San Francisco will be business as usual – or if the participants and observers will acknowledge the profound irony of having a federal holiday honoring Rev. Dr. Martin Luther King and his famous “I Have A Dream” speech the day before.
Yusef Robb, spokesperson for the American Foundation for Equal Rights, says the witness list lineup for Tuesday’s session is San Diego Mayor Jerry Sanders, Professor M.V. Lee Badgett, and Ryan Kendall. UPDATE: TEDDY PARTRIDGE WILL BE LIVEBLOGGING AT FIREDOGLAKE HERE. ALSO – MOST BLOGGERS DO NOT HAVE THE FINANCIAL BACKING OF A MAINSTREAM ORGANIZATION SO FIREDOGLAKE ASKS THAT YOU CONSIDER CONTRIBUTING TO THEIR EFFORTS IN COVERING THE TRIAL. ALSO – FOLLOW LIVEBLOGGING ON COURAGE CAMPAIGN’S PROP8TRIALTRACKER AND AMERICAN FOUNDATION FOR EQUAL RIGHTS ON TWITTER.
I confess, I had never really heard of San Diego Mayor Jerry Sanders until his name came up in conjunction with a city council resolution to have the city attorney file an amicus brief in support of the marriage equality case. I confess, too, that once I heard he was a major law enforcement Republican in that very conservative city, I didn’t hold out much hope for him agreeing to the brief – especially since he was up for re-election.
Slap my wrist and shame on me for stereotyping before investigating.
Jerry Sanders gave a news conference that surprised the hell out of the LGBT community – tearfully telling how he had to support marriage equality because he didn’t want anything less for his lesbian daughter and her girlfriend. We panted for that video which we re-played and re-played – some of us wondering with tears streaming down our faces – if our fathers would put their careers on the line to stand up for us.
See for yourself. The click inside to read about the other witnesses and some additional information. Journalists and bloggers please note that there will be a press availability with San Francisco City Attorney Dennis Herrera and Jerry Sanders at noon.
Observers of the federal challenge to Prop 8 in San Francisco were deeply disappointed with the US Supreme Court ruled that there would be no broadcasting of the trial proceedings outside the federal courthouse. Reporters and bloggers stepped up to provide live-blogging of the critical evidentiary hearing.
There has been so much interest in the trial, Patrick Range McDonald at the LA Weekly reports that freelance journalist and filmmaker John Ireland intends to produce a re-enactment of the trial based on transcripts and post the video on YouTube.
Late Sunday, the American Foundation for Equal Rights sent out a press release with a wrap up synopsis of the first week of trial testimony. Please click inside to read their summary.
Respected New York Times Supreme Court writer Linda Greenhouse posted an excellent blog Thursday night entitled: “Into the Closet.” The opening line reads:
The post is about the unsigned US Supreme Court ruling denying permission – authorized by US District Court Judge Vaughn R. Walker, who is presiding over the federal challenge to the constitutionality of Prop 8 – to have a live video feed to federal courthouses in four other cities and a delayed posting of the video on his District website. By a 5-4 vote, the Supreme Court bought the allegations by the Prop 8 defenders that their witnesses feared harassment if their testimony was broadcast. Please click inside to read why I think this SCOTUS ruling continues the history of discrimination against LGBT people.
ProtectMarriage.com executive director Ron Prentice has been busy. Last week, he sent out an email to Prop 8 supporters about the Manhattan Declaration – a “clarion call” to Christians to act on their conscience and defend the sanctity of life, traditional marriage and religious liberty. And today, Prentice’s email is both a claim of victory that a 3-judge panel ruled against the Olson/Boies team – which filed a federal lawsuit challenging the constitutionality of Prop 8 – and a whining plea for money because ProtectMarriage.com’s “Proposition 8 Legal Defense Fund is the ONLY entity in this litigation defending the People and arguing in defense of Prop 8.” Click inside to read how I quibble with Ron Prentice a bit.
The legal intricacies of the three hour pre-trial hearing on the federal challenge to Prop 8 before U.S. District Judge Vaughn Walker in San Francisco Wednesday bored blogger Michael Petrelis, who posted these post-hearing photos. Petrelis was annoyed, however, that Prop 8 proponent’s big time attorney Charles Cooper refused to speak with the press.
But some news was made: the trial is set to start 9:ooam on January 11; the 9th Circuit Court of Appeal may decide to review their earlier 3-judge panel decision to deny certain Prop 8 campaign documents to the plaintiffs; a Southern Californian county is trying to intervene- which has angered Marriage Equality USA; and Judge Walker says he will consider allowing TV cameras in the court after a judicial body considering such a pilot project issues their finding – which they did today. Click inside for all the details.
Today may mark the beginning of the end of the ugly Prop 8 as attorneys Ted Olson and David Boies lay out their federal case for why the California constitutional amendment is unconstitutional.
The pre-trial evidentiary hearing starts at 10:00am in the San Francisco courtroom of District Court Judge Judge Vaughn R. Walker. Olson and Boies will argue that the case should go to trial. Walker has already set a trial date of Jan. 11 and some reporters and bloggers, such as Patrick Range McDonald at the LA Weekly, want the trial to be televised. Walker will consider that issue today, as well as others such as scheduling motions on evidence and witnesses.
Ted Olson and David Boies will hold a news conference after the hearing. Meanwhile – click inside to read more about the case, including why last week’s ruling saying the Yes on 8 campaign does not have to turn over documents may not really matter.
Late Monday, Ted Olson, David Boies and the team of lawyers representing two California couples in a federal lawsuit seeking to overturn Prop 8, filed a brief explaining their position and a list of witnesses they may call during the trial, set for a nonjury trial Jan. 11. Click inside to read some of the brief and who is on that witness list. UPDATE – THE COMPLETE BRIEF AND WITNESS LIST ARE NOW POSTED.
Political consultant Chad Griffin, pictured here on the left at the Ted Olson-David Boies news conference announcing a challenge to Prop 8 – and Oscar-winning producer Bruce Cohen are hosting a Hollywood get-together to raise money to help Maine retain its marriage law. Click inside for details