In the next few months look for progress in the fight to uphold Judge Walker’s decision to strike down Proposition 8 due to the fact that it is unconstitutional.
On Thursday, December 8, a three-judge panel in the Ninth Circuit Court of Appeals will hear oral arguments on the efforts to release video of the Prop. 8 trial as well as ProtectMarriage’s motion to throw out the case. The hearing is expected to take two hours, beginning at 2:30pm. The hearing will be delayed broadcast and will have remote viewing locations in Pasadena, Portland and Seattle. Thousands of other interested parties on both sides of the issue, including the LGBT community here is Sacramento will follow the hearing’s progress on Twitter and other social media.
On the web site of the American Foundation for Equal Rights, it was explained that in the first hour, Ted Olson will argue that the “public has a First Amendment right to see video footage of the historic Prop. 8 trial. Olson will site that the other side is “trying to keep the video under lock and key because they don’t want anyone to know they failed in court, where reason and facts matter.”
In the second hour, David Boies will explain how the Prop 8 proponents’ motion to ignore the District Court’s striking down Prop 8 is mainly basing their argument on the fact that the judge who ruled, was himself gay and in a long-term relationship. This point of reasoning would implicate an adverse reasoning where someone who is lesbian or gay questioning a judge’s decision because he or she is straight.
A.F.E.R. stated, “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.”
After Thursday’s hearing a ruling can be expected anytime. Insiders close to the lawyers who are fighting for Marriage Equality say the decision could be made before the end of the year or soon after. The decision will set an important precedent and potentially send the Prop 8 case to the United States Supreme Court.
To follow Thursday’s hearing go to A.F.E.R.’s web site at: http://www.afer.org/