Two Motions to be heard Thurs. Dec. 8th, 2011 by 9th Circuit

Found this article at SDGLN.com thought you might want to read it, so you know what's going on with the court hearings on Thursday, Dec. 8th. The 9th Circuit are not making their decision as of yet as to whether or not they are going to solidify the ruling of then District Judge Vaughn Walker. This is however one of the final steps towards marriage equality. Since there are remote viewing of a delayed broadcasting of the trial you can follow the trial via Twitter by following @AFER. I have followed @AFER for every hearing I wasn't able to view be it that I was working or what have you, and I can honestly say, they will update (almost literally) sentence for sentence, word for word, step by step of the trial.

If you would like to learn more about how to get involved with your rights and the rights of millions, please see the upper right corner of the blog where you will find a table labeled "Get Involved". Godspeed.

- Jon Scott

SAN FRANCISCO – The Ninth Circuit Court of Appeals this week will hear two major motions in the Proposition 8 case, setting the stage for rulings by year’s end or in early in 2012.

A three-judge panel will hear oral arguments on:

-- Motion by the pro-marriage supporters to release the Prop 8 trial video

-- Motion by the anti-marriage proponents’ to throw out the case because the judge did not disclose that he is gay

The hearing, which starts at 2:30 pm PT Thursday, Dec. 8, is expected to last two hours.

On Aug. 4, 2010, federal district Judge Vaughn Walker ruled that Proposition 8 was unconstitutional, but anti-marriage foes appealed that decision to the Ninth Circuit. Since then, anti-gay groups have tied up in court Judge Walker’s historical decision ruling that Prop 8 was unconstitutional on several legal principles.

The high-powered legal team led by Ted Olson and David Boies, representing the American Foundation for Equal Rights (AFER), successfully argued why Prop 8 was unconstitutional and discriminatory toward gay and lesbian couples who wish to marry.

“Our case for marriage equality is back on the fast track and we are poised for dramatic progress in the coming months,” said Adam Umhoefer, AFER’s senior project director.

“We have one final step before the Ninth Circuit Court of Appeals affirms the historic Federal District Court decision which found marriage discrimination unconstitutional,” he said. “I am confident that the Ninth Circuit will swiftly confirm the personal freedom of every American.”

AFER offered a preview of what will happen on Thursday.

Release the tapes

In the first hour, Olson will argue that the public has a First Amendment right to see video footage of the historic Prop 8 trial. The District Court has already ruled that the American people have a vested interest in transparent court proceedings, but the Prop 8 proponents appealed that decision. They are trying to keep the video under lock and key because they don’t want anyone to know that they failed in court, where reason and facts matter.

Also arguing that the tapes should be released is a media coalition comprised of The Associated Press, The New York Times, Los Angeles Times, FOX News, NBC News, the Hearst Corp., Dow Jones & Co., and others.

Motion to vacate

In the second hour, Boies will address the proponents’ motion asking that our District Court victory be vacated because the judge who heard the case is gay and in a long-term relationship. The anti-marriage forces are trying everything they can to get the case thrown out because they know that reason and truth are on our side.

This tactic was universally condemned in the media and it took only a day for Chief Judge James Ware to rule against the homophobic motion. We are confident that the appeals court will affirm that being gay has no bearing on a judge’s impartiality, just as courts have historically done with cases involving race, gender and religion.

Hearing to be broadcast

The court has allowed a delayed broadcast of the hearing and has set up remote viewing locations in Pasadena, Calif.; Portland, Ore., and Seattle. You can also follow AFER's live updates from the courthouse on Twitter.

This Movement, is Moving Forward.

As we sit and wait for the Supreme Court to rule on the standing of the Prop 8 proponents, the fight goes on. The plaintiffs in Perry v. Brown have filed a brief defending and encouraging the rights of the people to view the tapes from the original Prop 8 trial.

The video was released by Judge James Ware, Judge Vaughn Walker's successor, when the sealing of the recordings were in question by the proponents of Prop 8 and of course the proponents of Prop 8 appealed Judge Ware's ruling. I'm seeing a pattern here, the proponents of Prop 8 appeal anything that doesn't go there way, which has been every ruling so far. Can't wait to see the look on their faces when they run out of stuff to appeal and lose. Let's not forget the question still remains... Do the proponents of Prop 8 have the right to appeal Judge Vaughn Walker's original ruling of Prop 8 being unconstitutional, and in direct violation of due process and equal protection? The answer to this will be revealed on or by Dec. 6th, 2011.

Plaintiffs explained in their brief, "Proponents have provided no justification--compelling or otherwise--for continued concealment of the trial recording, which truly and accurately depicts the events that took place in the district court in full public view. The First Amendment and settled common law principles guarantee the public the right to watch the trial video in this case and to evaluate the evidence, arguments, and outcomes for itself."

"The brief is urging the 9th Circuit Court of Appeals to affirm the district courts decision granting plaintiffs' motion to unseal the digital recording of the trial." - Windy City Media Group

So more of a waiting game, more of a pushing match. When will these proponents give up, I'm guessing never. Mainly because we all know that hate is taught and hate also festers inside someone until they explode of it... Proponents of Prop 8 are just at the point of their hate seeping out of them, I'm waiting for them to erupt. It will be comical.

FREE THE TAPES!

I want to show you a reenactment of the Prop8 original trial showing the interview of Kristin Matthews Perry. Marisa Tomei and Josh Lucas did a great job on this reenactment. From inside the court today, if you followed AFER online, you saw the live updates from moment to moment inside that courtroom today. This was for the release of the original Prop8 Trial Video tapes being released. Judge James Ware presided over this case today as he did over the trial for Proponents of Prop8 requesting to vacate the decision made my Judge Vaughn Walker because he was gay and in a long term relationship. (Keep in mind unsatisfied with Judge James Ware's decision to not vacate Walker's decision, Proponents of Prop8 then seeked to Vacate Judge James Ware's decision. Once again proving they will stop at nothing to spread hate through our Golden State).


Now before I continue I want to say thank you very much to AFER (American Foundation for Equal Rights), Courage Campaign, the Legal Team (opposing and fighting prop 8), and most of all Kristin Perry and Sandy Steir for fighting not only for themselves but for all of the LGBT community. If it weren't for you two amazing women, we wouldn't be as close as we are to ending PropH8.
The request by Proponents of Prop H8 to seal the video tapes from the original Prop 8 trial Perry vs. Schwarzenegger (now Perry vs. Brown) was to protect the identities of their key "witnesses" in the original trial, fearing that they would be harassed for their support. These two men are Kenneth P. Miller an academic who is used to public speaking, and David Blankenhorn the founder and President of the Institute for American Values (a nonprofit organization dedicated to promoting traditional family values).
Obviously this request is that of a lame attempt not to look stupid to the public, if the public were to be granted the right to see the trial that found Prop 8 as unconstitutional. These two guys are strong Proponents for Prop 8, and Blankenhorn I have to say is a complete ass for naming his organization "American Values" first of all, I am an American, and my values and his values are different. I believe every family should be a home. I believe a family's foundation should be strictly based on love and care. I believe every child deserves a strong set of parents no matter what their sex is, as long as the parents provide them with everything that they need from food in their bellies, to close on their back, to a roof over their head. To me that is what Family is.
Before the Prop 8 trial was originally heard the U.S. Supreme Court accepted these arguments and prohibited the LIVE BROADCASTING of the trial. They would not allow it to be broadcast on TV or online. Only to ensure that the witnesses mentioned before would not feel so intimidated that they would not appear before the courts in the future. Judge Vaughn Walker however did record digital copies of the case which was not technically prohibited by the U.S. Supreme Court. Judge Vaughn Walkers reason for recording this case was that of a good one, to ensure the faith of the public in the Judicial system. I agree, as a gay man, fighting for marriage, I feel that the case that directly relates to my rights or future rights I should have full access to, so my "rights" aren't left in the dark.
This following quote is from LA Times also posted on the AFER website.

Still, the U.S. District Court should now allow the videos to be broadcast. There has never been any real evidence of potential danger to the witnesses. With the trial over, any procedural issues about last-minute changes are moot. California’s ban on same-sex marriage is a matter of extraordinary public interest, and the discussion that took place during the trial would strengthen public understanding. People would see Blankenhorn, though an opponent of same-sex marriage, testify that the United States would be more American on the day such marriages became legal. They would see Miller, hired by supporters of Proposition 8, say that prejudice played a role in its passage. And whatever viewers chose as the take-home message from the trial, they would be more deeply informed about the debate.

The importance of these videos being released is for all of us to know and be reassured that our Judicial system is providing exactly what it is meant to, Justice! We all have a right to know what is going on behind the scenes in the court room. Thank the Lord for twitter as I was able to follow step by step the trial that took place at 9am today. If you would like to be able to see these behind the scene tweets for this and future cases related to Prop 8 trial, be sure to follow @ AFER on twitter.
Also stay tuned, if you do have the California Channel through your cable provider, you will be able to watch the U.S. Supreme Court hearing on whether or not the Proponents for Prop 8 have any standing in the 9th Circuit Court of Appeals. Or if your service provider does not offer that channel you will be able to watch the live webcast via TheCaliforniaChannel.com .
If you are not gay, ask yourself. If these extremist can go as far as attempting at taking rights away from Gays, who is next? Non-Christians? Teachers? Healthcare Providers? Women? Children? Elderly? No one is safe if we don't fight these people off.