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UpDATE – Appeals court rejects bid to block posting of Proposition 8 trial on YouTube

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Melanie Nathan Posts:
Updated 1/9/10

 Howard Mintz of the Mercuary News, San Jose reports; Proposition 8 supporters today asked a federal judge to put on hold the upcoming trial challenging California’s gay marriage ban while they appeal an order permitting the proceedings to be broadcast on YouTube. 

“In court papers, lawyers for the Prop. 8 campaign argue that Chief U.S. District Judge Vaughn Walker did not have the legal authority to permit cameras in the trial, which is set to begin Monday in San Francisco. Prop 8 backers say that broadcasting the proceedings “is likely to negatively affect the fairness of the trial.” 

 The Prop 8 legal team also filed an emergency petition with the 9th U.S. Circuit Court of Appeals, asking the appellate court to intervene and halt the trial to consider the broadcasting issue.

 Attorneys defending the law have opposed any broadcast of the trial, saying that it exposes the Prop campaign’s witnesses to threats and intimidation from gay marriage supporters. Walker rejected those arguments earlier this week, authorizing delayed video of the trial to be posted through YouTube with court-operated cameras in his courtroom.

 The judge broke new ground, making use of a pilot program just put in place in December by the 9th Circuit Judicial Council, the policy arm of the federal courts in nine western states, including California. The program permits trial judges to allow cameras in civil, non-jury trials, breaking with federal court tradition generally banning the video of federal court cases.

9th Circuit has given the plaintiffs challenging Proposition 8 until 3 p.m. yeasterday to respond to the request to stay the trial.  Prop 8 lawyers say in court papers that a stay does not cause any harm to the case. Plaintiffs lawyers have supported the broadcast of the trial, the first such proceeding in the nation in the battle over the legality of same-sex marriage.” 

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The LATEST UPDATE - 

Appeals court rejects bid to block posting of Proposition 8 trial on YouTube - per Howard Mintz
  of Mercury News  

“A federal appeals court on Friday rejected a bid by Proposition 8 supporters to block the broadcast of the upcoming trial involving a challenge to California’s same-sex marriage ban, refusing to stop a plan to post the proceedings on YouTube. 

In a one-paragraph order, the 9th U.S. Circuit Court of Appeals said that the Proposition 8 campaign had not presented reason for “intervention by this court” in the broadcast issue. 

The Proposition 8 backers did not ask for a delay in the trial, but their legal team filed an emergency petition with the 9th Circuit, asking the appellate court to intervene and block the broadcast until their arguments can be addressed. The petition argued that Walker’s decision to broadcast the trial on YouTube threatens to turn it into a “media circus.” 

On Friday  William Tam, Prop 8 campaign Wwitness asked to be removed as a defendant in the case, saying he has been subjected to harassment. 

Plaintiffs lawyers have supported the broadcast of the trial, the first such proceeding in the nation in the battle over the legality of same-sex marriage. 

My Sentiment:-  If you have the audacity and the gaul to take away our rights, then have the courage to show your face when you try to justify your actions. We should have real time cameras and it should be televised on CSPAN LIVE.  The Amnerican Justice system ought to keep up with the trends in technology.  This case impacts the lives of so many of us.  An entire minority in an entire State. Now that we do not have to get on our horses and ride down to the town court house to facilitate our right to hear this case, and because the Court cannot even accomodate us, I believe its our right to demand TVCameras, live in the Court Room in recognition of our right to hear the case and the fact that technology can accomodate us! 

Melanie Nathan ; nathan@privatecourts.com
Posted with permission of Howard Mintz. 

Delayed YouTube Video, No Live TV at Federal Prop 8 Trial (towleroad.com)

 

• Judge: Gay marriage trial can be shown on YouTube (seattletimes.nwsource.com)
• http://www.mercurynews.com/crime-courts/ci_14150063?source=rss&nclick_check=1 (Howard Mintz , Mercury News)