Oral Arguments Heard on Prop 8 Video Release

I wasn’t able to blog on this Monday when it happened because Hurricane Irene left my home and office without power.  Last night, I was just too tired to type.  I hope you’ll forgive me … but the following is still newsworthy.

Here’s the story in a nutshell …  those who support gay marriage want the video of the Prop 8 trial released to the public so that the American people can see for themselves how the gay marriage opponents distorted the truth about gay marriage.  The people who don’t like gay marriage don’t want those videos released because they won’t be able to deny their distortion of the facts.  Oops.

Lawyers fighting for the team against gay marriage convinced the trial court that its witnesses would be reluctant to testify without assurances that the video would not be made public.  They feared harassment if fair-minded people (my words) would be able to view the testimony.  The trial court gave them that assurance.

It seems ridiculous to be able to distort the facts as horribly as some of those witnesses most certainly did and then not allow the general public to bear witnesses to those exaggerations and distortions.

Honestly, I don’t think Judge Walker should have made promises to keep the footage sealed.  We’re not talking about victims testifying in a rape case or a child abuse case.  We’re talking about a bunch of homophobes who just don’t want to see gay people have the right to marry.  If the witnesses believed what they were saying, why were they only willing to testify under a cloak of secrecy?  Sure, they may have been called on the carpet for distorting the facts but that’s what happens when one distorts facts for the sole purpose of hurting another group of people.

Judge James Ware told the lawyers that he will render a decision in the near future.  He added that he must weigh the need for public access against the effect on “the integrity of the judicial process” when one judge promises secrecy and a second judge overrides him.

Read:    2 sides clash on release of Prop. 8 trial videos

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Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog.  Read my entire disclaimer.

copyright 2011 Irene C. Olszewski

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