Attorneys for Proposition 8 backers said television coverage would
expose their witnesses to further harassment and intimidation
---
and expose those who attempt to bribe the lawmakers

On Jan 6, 1:40 pm, dick thompson <[email protected]> wrote:
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>   Gay-marriage foes slam plans to televise Prop 8 trial
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>     Witnesses harassment feared
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> By Valerie Richardson
> <http://www.washingtontimes.com/staff/valerie-richardson/>
>
> Supporters of traditional marriage are outraged over a California
> judge's efforts to bring television cameras into court next week to
> cover a trial challenging Proposition 8, California's initiative against
> gay marriage.
>
> Judge Vaughn R. Walker, chief judge of the Northern District of
> California, proposed a last-minute revision of the court's rules that
> would allow television coverage of the trial. Those who want to comment
> have until Friday, and the trial begins Monday.
>
> Attorneys for Proposition 8 backers said television coverage would
> expose their witnesses to further harassment and intimidation. Backers
> of Proposition 8 were targeted for harassment in the months after the
> initiative's passage in November 2008. Some donors received threatening
> e-mails, letters and phone calls, while churches and businesses were
> singled out for boycotts and protests.
>
> Brian Brown, executive director of the National Organization for
> Marriage, which campaigned for Proposition 8 but isn't a party to the
> case, said he is worried about the safety of witnesses, who could
> include contributors, campaign staff and volunteers.
>
> "The question is really whether Judge Walker can put people on the stand
> where they can be threatened," said Mr. Brown. "It's a question of
> people's safety."
>
> A hearing on the matter is scheduled for 10 a.m. Wednesday in San
> Francisco, said David Madden, a spokesman for the 9th U.S. Circuit Court
> of Appeals.
>
> He said the rules and parameters for any televised coverage were under
> discussion, including decisions on how many cameras to allow, where to
> place the cameras, and whose cameras would be permitted in the courtroom.
>
> "We're trying to work this all out," said Mr. Madden. "We want to make
> sure people know we're being very cautious about this."
>
> The court ordinarily bans television, radio and photography, but the
> Judicial Council of the 9th Circuit announced Dec. 17 that it approved
> on an experimental basis "the limited use of cameras in federal courts
> within the system."
>
> "We hope that being able to see and hear what transpires in the
> courtroom will lead to a better public understanding of our judicial
> processes and enhanced confidence in the rule of law," said 9th Circuit
> Chief Judge Alex Kozinski. "The experiment is designed to help us find
> the right balance between the public's right to access to the courts and
> the parties' right to a fair and dignified proceeding."
>
> Since 1991, the 9th Circuit has allowed some television and radio
> broadcasting of oral arguments with the approval of the judges hearing
> the case, according to a statement issued by the court.
>
> Those backing cameras in the courtroom include a consortium of media
> outlets as well as gay rights groups. The Courage Campaign on Tuesday
> sent an alert asking its members to sign a petition in favor of
> television coverage.
>
> "The case presents issues that are very important to the public, and
> will affect millions of people," said Rick Jacobs, chairman of the
> Courage Campaign, a group that advocates gay marriage. "However, if the
> case is not televised, only a tiny fraction will ever be able to watch
> the trial in person.
>
> "By televising the trial, the public will be able to see for themselves
> the arguments and evidence presented by both sides, and will therefore
> have more confidence in the outcome of the trial," he said.
>
> Meanwhile, opponents of same-sex marriage point out that the
> experimental use of cameras was intended initially for low-profile
> cases, while the Proposition 8 trial has generated huge media interest.
>
> The lawsuit, filed in June by two same-sex couples, argues that
> Proposition 8 violates the U.S. Constitution. Representing the
> plaintiffs are high-profile lawyers Theodore Olson and David Boies, who
> argued on opposite sides of the U.S. Supreme Court case to decide the
> 2000 presidential election.
>
> Critics have accused Judge Walker of judicial bias, pointing to an
> earlier ruling against Proposition 8. Attorneys for the plaintiffs had
> asked to see internal Proposition 8 campaign communications, arguing
> that they might reveal attempts to create a "discriminatory animus"
> against gays.
>
> Judge Walker ruled in favor of the plaintiffs, but a federal appeals
> court panel in December reversed his decision.
>
> "Judge Walker has not shown himself to be an impartial judge in this
> case," said Mr. Brown. "He has attempted to make this entire process a
> circus, and he wants to be the ringleader by putting it on television."
>
> The California Supreme Court ruled in favor of allowing same-sex
> marriage in May 2008, but the decision was overruled six months later by
> Proposition 8, which California voters approved by a margin of 52
> percent to 48 percent.
>
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