Prop 8 Trial Video: Federal Appeals Court Puts Case On Hold

SAN FRANCISCO -- A federal appeals court has put the brakes on unsealing video recordings of last year's trial on the constitutionality of California's same-sex marriage ban.

A panel of the 9th U.S. Circuit Court of Appeals said late Monday it was temporarily staying a lower court judge's order to make the videos public on Sept. 30 so the court could be briefed on the matter.

Lawyers for the coalition of religious and conservative groups that qualified the ban for the November 2008 state ballot have appealed U.S. District Judge James Ware's decision to the 9th Circuit.

Ware ruled last week that the public has a right to access the recordings just like any other court record, even though the judge who presided at the trial said they were for his own personal use.

The appeals court asked Proposition 8 sponsors and the lawyers for two same-sex couples who sued to overturn it to get their written arguments in by Oct. 10. The 9th Circuit already is considering whether another federal judge erred when he struck down the ban, known as Proposition 8, as unconstitutional.

Gay rights advocates want to use the recordings to try to puncture political arguments used by opponents of same-sex marriage.

Comments

[bannorhill]

08:10 PM on 10/02/2011

The sign said "Mormons can have 10 wives...."

No, Mormons can NOT have 10 wives.

[WilliamWalton]

02:25 PM on 09/29/2011

Additionally, with the anti-gay ballot being voted upon in May in North Carolina, some interesting tidbits of information are now coming out.

NC Senator James Forrestor speaks about being someone who understands the reasons not to allow gays to marry by using his medical credentials of being a physician as clout. Turns out he is a physician, but his credentials are not what he claims.

He states that he is a Fellow of the American College Of Preventative Medicine, but the ACPM has confirmed that he is not a Fellow (which is their highest distinction) NOR is he even a member. So, I don't need to use the term "Bigot" to describe James Forrester. I can simply use the term "Liar" as he falsifies his bio/credentials to speak on the subject.

[practiceempathy]

01:11 PM on 09/29/2011

These people are deplorable cowards afraid that they're stunning ignorance, their malice, and their mean-spiritedness will be exposed to the public it expertly manipulated with its campaign of lies and vicious disinformation.

That's ALL this is about.

[wfc22]

04:44 PM on 10/05/2011

I agree! The people who support Prop 8 are afraid of the truth. They want to keep twisting facts to support their agenda and spreading misinformation about LGBTQ people. If gay marriage is so wrong then why are they afraid? The tapes should only support their position. Like Jesus said, "Everyone who does evil hates the light and does not come to the light for fear that their deeds will be exposed. But whoever practices the truth comes to the light so that their deeds may be manifested."

[iknowscottyknows]

11:51 PM on 10/06/2011

You're quoting Jesus now? Quote Matthew 19 while you're at it.

[Bill J4321]

10:51 AM on 09/29/2011

If I walked into a court of law as an attorney whose purpose it is to deny rights to certain citizens, and the only negative outcome of gay marriage I could come up with in court was, 'I don't know, your honor,' I might not want those tapes to see the light of day, either.

[ren31]

11:12 AM on 10/09/2011

There is only one right in life, death. It is the only thing that can not be taken away from you. With that being said, I wanna hear it all. The good, the bad, and the doh.

[Watch Maker]

07:14 PM on 09/28/2011

Modern society is like Salem, Mass during the witch trials.

If someone is different than you, then its necessary to hate and fear them and they need to be burned at the stake.

Don't let the fearful and the ignorant get you down.

It gets better.

[AudreyLee]

05:48 PM on 09/28/2011

Marriage is a right, not a privilege. You don't get to marry just because you drew the card and were straight. If you don't like gay marriage, marry someone of the opposite sex.

[wfc22]

04:47 PM on 10/05/2011

You know, it really is that simple. If you don't like gay marriage then don't marry someone of the same sex. If your church doesn't like it then don't perform gay marriage ceremonies. If you don't want to see it then don't go to the wedding.

[AudreyLee]

06:05 PM on 10/05/2011

Exactly. Too bad a lot of people still can't see the sheer simplicity of it, you know?

[iknowscottyknows]

11:52 PM on 10/06/2011

When you get the government involved in redefining marriage to support a small minority's sexual practices, you get me involved.

I am the government. I vote NO!

[AudreyLee]

05:57 PM on 10/07/2011

You're the government? Really? I find that hard to believe. Now, answer my question. How. How will two people of the same sex getting married affect you personally? Will it be harder for you to wake up in the morning? Will you melt? Answer me.

[billy goat]

01:49 PM on 09/28/2011

It's over haters. There's still some time no doubt to finish riding this waive, but do not doubt that the hate wave has crested and is falling. I guess you should enjoy it while you can, but keep an eye out for the next place for your hate. It won't fit here much longer.

[Valksy]

04:51 AM on 09/28/2011

Right now the actions by Prop H8 proponents should be dismissed as frivolous. They aren't going to win, they couldn't put up anything even remotely resembling a cogent argument (which is why they want it to stay hidden) and all they are doing is dragging the case out and hurting law-abiding, tax-paying citizens.

[Ioan Lightoller]

05:41 PM on 09/28/2011

Amen, Valksy. There is no reason for all the nonsense. The pro-H8 side was not able to prove its case in court. But now they want to keep the tapes under wraps and to drag the mess out. This is nothing more than spite. Tired of our rights being batted back and forth like a tennis ball.

[practiceempathy]

01:15 PM on 09/29/2011

Amen to you, too!

"Tired of our rights being batted back and forth like a tennis ball."

AMEN!!!

Any straight person in our shoes would FED UP and OUTRAGED, just as we are. Yet, many, especially our enemies, have an entitlement complex where they just see us as "whining children." Eff them.

[wfc22]

05:07 PM on 10/05/2011

It really does come down to civil rights, doesn't it.

1. Marriage is not strictly a Christian institution. That would rule out Jews, Buddhists, Muslims, Jainists, Krishnas, Pagans, Athesists, Agnostics, etc, etc, etc.

2. Marriage is not strictly a religious institution. It can be if the couple wants it to be, but you can also go to a judge or a JP. God doesn't even have to be in the same zip code when two people get married.

3. Amendments and Props will not stop gay marriage, they only keep two married people from fully living up to the responsibilities and rights of their relationship. Which makes the amendments and props very irresponsible actions for a society that expects citizens to live up to their rights and responsibilities. Once I, as a clergy person, perform a marriage ceremony those two people are hitched, period. It doesn't matter who supports or objects to their relationship. The only people who can make that relationship invalid are the two people in the relationship.

Like I said, it all comes down to rights and when I finally settle down with my partner I want to be able to live fully into all the rights and responsibilities of the relationship.

[EducatedWoman]

11:54 PM on 09/27/2011

Very misleading headlines. The temporary stay on releasing the video of the trial is normal procedure while the appeal is pending, because it maintains the status quo until the case is decided.

Meanwhile anyone can read the trial transcripts and see for themselves how the Prop 8 proponents stumbled and made fools of themselves. Or watch the verbatim reenactments on YouTube. Or put on Dustin Lance Black's play, "8."

[KirkCLinn]

11:35 PM on 09/27/2011

This is not a setback, anyone with an inkling of informed politics knows that we knew they would appeal (or attempt it). We still don't know if they even Can legally have Standing. And even if they do they will still appeal it to the Supreme Court. Where the Prop 8 will Die and since the wording for all these are the Same... 38 states will loose theirs too!

[Angel1999]

12:03 PM on 09/28/2011

Glad someone else said it. When I first read the headline, not even reading the article, I knew this was much ado about nothing. If you expect the stay, how can it be a "big setback"?

[L Mandrake]

08:21 PM on 09/27/2011

Is still have no idea how it is constitutional to deny one group of citizens a privilege that is afforded another group of citizens.

[Always Conservative]

08:53 PM on 09/27/2011

Privileges are often denied. Nothing new...

[Mikeygr]

09:27 PM on 09/27/2011

And that makes it OK???????

[Ioan Lightoller]

09:53 PM on 09/27/2011

Oh, it happens all the time? So that makes it right? Let's see it happen to you and see how you react. The pro-Prop H8 side is anxious that no one sees the p**s poor performance they put on in court.

[robinhood1]

09:41 PM on 09/27/2011

It has been happening since 1787. The original constitution signed that year permitted the importation of slaves until 1808.

[L Mandrake]

11:13 PM on 09/27/2011

Hey, at least they came up with some BS reason as to why slaves weren't considered "people", so the rules didn't apply to them. I have not heard a single reason, BS or otherwise, why gay marriage isn't legal -- at least, not one that doesn't involve the bible in one way or another.