October 25, 2011

Ninth Circuit Schedules Oral Arguments In Prop. 8 Video Appeal


US District Judge Vaughn Walker ruled that California voter approved Proposition 8, that placed a ban on same-sex marriage, was unconstitutional. Judge Walker wanted the trial to be broadcast on television, and the Supreme Court denied the request.

Judge Walker videotaped the proceedings, in order to help him decide the issues, and the attorneys representing the opponents of same-sex marriage, who lost their case - have been fighting the release of the video tapes of the trial ever since. The Ninth Circuit scheduled oral arguments.

In September, U.S. District Judge James Ware sided with the proponents of gay marriage, ruling that there was "no compelling" reason to keep the tapes of the trial under seal.

Opponents appealed that ruling to the Ninth Circuit, which is also hearing the underlying case about Proposition 8.

The Ninth Circuit on Monday said it would hear oral arguments on the matter during the week of December 5.

Aside from losing the case, the attorneys are afraid that public opinion could be influenced by the brilliant job that Theodore Olson and David Boies did in the courtroom.

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