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In 2017 KQED asked the Northern District of California to unseal the trial tapes, arguing that the recordings were a vital part of the public record in a historic legal case. While the court did not agree to immediately release the tapes, it ordered them to be unsealed on Aug. 12, 2020 — 10 years after the case closed. In declining to hear an appeal of lower court rulings, the Supreme Court effectively cleared the way for the tapes to be released.\u003c/p>\n\u003cp>“After today’s ruling by the U.S. Supreme Court, the public will finally be able to watch the testimony that Judge Vaughn Walker considered in deciding that same-sex couples have the right to marry,\" said Thomas R. Burke, KQED's attorney. \"There’s no doubt that the video will become a valuable instrument to educate the public about this historic moment.”\u003c/p>\n\u003cp>\"Great news! Love wins again and now, so does transparency,\" said Jeff Zarillo, one of the original plaintiffs in the case.\u003c/p>\n\u003cp>Holly Kernan, KQED's chief content officer, agreed. \"If our systems work behind closed doors, with no press or public access, we have no idea how decisions are made, nor what arguments are leading to these decisions,\" she said. \"KQED wants more sunlight on our legal system and we will fight on behalf of the public to get that access.\" \u003c/p>\n\u003cp>[aside postID=\"news_11919970,news_11922040\" label=\"Related Posts\"]Supporters of Proposition 8 – a California ballot proposition passed by voters in 2008 that would have banned same-sex marriage in the state – previously appealed to the 9th Circuit Court of Appeals, seeking to have the tapes sealed permanently.\u003c/p>\n\u003cp>That court dismissed that request, saying the petitioners lacked legal standing for their appeal. The court also batted away the contention that unsealing the tapes would lead to harm or harassment of anyone directly involved in the trial and confirmed the lower court’s decision to unseal the tapes.\u003c/p>\n\u003cp>In a last-ditch effort to keep the tapes sealed, Proposition 8 proponents asked the Supreme Court to take up the case. In their \u003ca href=\"https://www.supremecourt.gov/DocketPDF/21/21-1304/219553/20220328101818830_Hollingsworth%20v.%20Perry%20Petition.pdf\">March 28, 2022 petition\u003c/a>, attorneys for Proposition 8 said the court's intervention was needed to \"prevent a grievous injury\" to the ballot measure's backers and to \"the integrity of the federal judiciary.\"\u003c/p>\n\u003cp>This entire issue began over 12 years ago, when Judge Vaughn R. Walker, the federal court judge who presided over the 2010 Perry v. Schwarzenegger trial, announced that he wanted the entire proceeding to be broadcast live via closed-circuit television with viewing in federal courthouses in San Francisco, Pasadena, Seattle and Portland, Oregon.\u003c/p>\n\u003cp>That would have made Perry v. Schwarzenegger the first federal trial to be broadcast and recorded, with videotapes to be made available for later viewing on YouTube.\u003c/p>\n\u003cp>But the Proposition 8 defense team objected as the bench trial was starting and the Supreme Court intervened, stopping the live broadcast before it began. The court said Walker failed to go through the appropriate process for getting approval for such a broadcast.\u003c/p>\n\u003cp>Over objections from Proposition 8 attorneys, Walker said he would videotape the trial anyway for personal use in his chambers to help him write the decision, which ultimately struck down Proposition 8.\u003c/p>\n\u003cp>Responding to the Supreme Court's refusal to take up the case and allow the lower court rulings to stand, Walker, who is now retired from the bench, said the justices did the right thing.\u003c/p>\n\u003cp>\"With everything else going on in the world, not weighing in on this issue was an easy decision,\" said Walker. He added that the format of the Prop. 8 trial, with its expert witnesses providing testimony about the history, economics, sociology and psychology of gender roles and same-sex marriage could be a blueprint for judges in other controversial issues, including abortion.\u003c/p>\n\u003cp>\"It was testimony by people who understood the whole panoply which gender plays in our society and in personal relationships,\" Walker said. \"Trials reveal things that simply cannot come out when you're scratching through old dusty books and records of the long past. And I think there are going to be many enactments affecting the abortion rights in the various states in the wake of the Dobbs decision.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In seeking to block release of the videotapes, attorneys for the ballot measure's proponents argued to the Supreme Court that Walker \"solemnly promised\" in court that the tapes would not be made public, and that doing so now would undermine public faith in the courts.\u003c/p>\n\u003cp>In a \u003ca href=\"https://www.supremecourt.gov/DocketPDF/21/21-1304/226576/20220531111532780_Hollingsworth%20v.%20Perry%20--%20Brief%20in%20Opp.pdf\">response brief (PDF)\u003c/a>, attorneys for KQED argued that there was never a promise to keep the trial tapes sealed beyond 10 years and that Proposition 8 supporters failed to demonstrate any concrete injury that would come from releasing them.\u003c/p>\n\u003cp>Kris Perry, one of the original plaintiffs along with her partner Sandy Stier, said release of the tapes was long overdue.\u003c/p>\n\u003cp>\"Since the 2010 ruling striking down Proposition 8, we have fought to have the video record of our historic trial shared with the public,\" Perry said. \"There is no more important time to expose the discriminatory rhetoric of proponents and the courage of the experts, attorneys and plaintiffs in standing up against hate. Even though it's been 12 years since our ruling, we know the fight for marriage equality and many other basic civil rights is still essential and this video shows the evidence for why.\"\u003c/p>\n\u003cp>The 2009 lawsuit filed by supporters of same-sex marriage against Proposition 8 was considered risky by some progressive legal groups, which worried that a setback in federal court could take decades to undo.\u003c/p>\n\u003cp>The trial gained national attention, in part because the legal team seeking to have Proposition 8 struck down was led by conservative Theodore Olson and liberal David Boies, who were on \u003cem>opposite\u003c/em> sides of the infamous Bush v. Gore case following the disputed 2000 presidential election.\u003c/p>\n\u003cp>The three-week trial in 2010 considered a wide range of issues, including the history of marriage, the political power of the LGBTQ+ community, the social and psychological harm of so-called \"conversion therapy\" and how the plaintiffs and their children were personally affected by being denied the right to marry.\u003c/p>\n\u003cp>\u003ca href=\"https://scholar.google.com/scholar_case?case=1984506746130471324&q=Perry+vs.+Schwarzenegger&hl=en&as_sdt=2006\">Judge Walker's decision in August 2010\u003c/a> struck down \u003cspan style=\"font-weight: 400\">Proposition\u003c/span> 8 on the basis that it violated the due process and equal protection clauses of the 14th Amendment, saying California had no rational interest in denying marriage licenses to gay and lesbian couples. The decision was later upheld in a 2-1 decision by the Ninth Circuit Court of Appeals. In 2013, the Supreme Court declined to take up the case, ruling narrowly that \u003cspan style=\"font-weight: 400\">Proposition \u003c/span>8 supporters lacked legal standing to appeal the lower court decisions, which opened the way for same-sex marriages to resume in California after a five-year hiatus.\u003c/p>\n\u003cp>Hollingsworth v. Perry et al was one of dozens of cases \"denied certiorari\" or denied review by the court today.\u003c/p>\n\u003cp>When asked before Tuesday's decision when the trial tapes would be made available, a spokesperson for the courts said \"we will work with the judge in the underlying case to make them available promptly. They'll be posted on a publicly available site.\" No additional details were given.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Tuesday's decision is the culmination of a 12-year legal effort that began in 2009 when a media coalition led by KQED sought to have the Proposition 8 trial broadcast.","status":"publish","parent":0,"modified":1665516446,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":27,"wordCount":1285},"headData":{"title":"Supreme Court Clears Way for Release of Footage From Landmark Trial That Legalized Same-Sex Marriage in California | KQED","description":"Tuesday's decision is the culmination of a 12-year legal effort that began in 2009 when a media coalition led by KQED sought to have the Proposition 8 trial broadcast.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11911275 https://ww2.kqed.org/news/?p=11911275","disqusUrl":"https://ww2.kqed.org/news/2022/10/11/supreme-court-ruling-clears-way-for-release-of-footage-from-landmark-trial-that-legalized-same-sex-marriage-in-california/","disqusTitle":"Supreme Court Clears Way for Release of Footage From Landmark Trial That Legalized Same-Sex Marriage in California","excludeFromSiteSearch":"Include","path":"/news/11911275/supreme-court-ruling-clears-way-for-release-of-footage-from-landmark-trial-that-legalized-same-sex-marriage-in-california","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>KQED scored a historic legal victory Tuesday when the U.S. Supreme Court declined to consider an effort to block the release of videotapes from the 2010 federal trial in San Francisco that ultimately led to the legalization of same-sex marriage in California.\u003c/p>\n\u003cp>Tuesday's decision is the culmination of a 12-year legal effort that began in 2009 when a media coalition led by KQED sought to have the trial broadcast. In 2017 KQED asked the Northern District of California to unseal the trial tapes, arguing that the recordings were a vital part of the public record in a historic legal case. While the court did not agree to immediately release the tapes, it ordered them to be unsealed on Aug. 12, 2020 — 10 years after the case closed. In declining to hear an appeal of lower court rulings, the Supreme Court effectively cleared the way for the tapes to be released.\u003c/p>\n\u003cp>“After today’s ruling by the U.S. Supreme Court, the public will finally be able to watch the testimony that Judge Vaughn Walker considered in deciding that same-sex couples have the right to marry,\" said Thomas R. Burke, KQED's attorney. \"There’s no doubt that the video will become a valuable instrument to educate the public about this historic moment.”\u003c/p>\n\u003cp>\"Great news! Love wins again and now, so does transparency,\" said Jeff Zarillo, one of the original plaintiffs in the case.\u003c/p>\n\u003cp>Holly Kernan, KQED's chief content officer, agreed. \"If our systems work behind closed doors, with no press or public access, we have no idea how decisions are made, nor what arguments are leading to these decisions,\" she said. \"KQED wants more sunlight on our legal system and we will fight on behalf of the public to get that access.\" \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11919970,news_11922040","label":"Related Posts "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Supporters of Proposition 8 – a California ballot proposition passed by voters in 2008 that would have banned same-sex marriage in the state – previously appealed to the 9th Circuit Court of Appeals, seeking to have the tapes sealed permanently.\u003c/p>\n\u003cp>That court dismissed that request, saying the petitioners lacked legal standing for their appeal. The court also batted away the contention that unsealing the tapes would lead to harm or harassment of anyone directly involved in the trial and confirmed the lower court’s decision to unseal the tapes.\u003c/p>\n\u003cp>In a last-ditch effort to keep the tapes sealed, Proposition 8 proponents asked the Supreme Court to take up the case. In their \u003ca href=\"https://www.supremecourt.gov/DocketPDF/21/21-1304/219553/20220328101818830_Hollingsworth%20v.%20Perry%20Petition.pdf\">March 28, 2022 petition\u003c/a>, attorneys for Proposition 8 said the court's intervention was needed to \"prevent a grievous injury\" to the ballot measure's backers and to \"the integrity of the federal judiciary.\"\u003c/p>\n\u003cp>This entire issue began over 12 years ago, when Judge Vaughn R. Walker, the federal court judge who presided over the 2010 Perry v. Schwarzenegger trial, announced that he wanted the entire proceeding to be broadcast live via closed-circuit television with viewing in federal courthouses in San Francisco, Pasadena, Seattle and Portland, Oregon.\u003c/p>\n\u003cp>That would have made Perry v. Schwarzenegger the first federal trial to be broadcast and recorded, with videotapes to be made available for later viewing on YouTube.\u003c/p>\n\u003cp>But the Proposition 8 defense team objected as the bench trial was starting and the Supreme Court intervened, stopping the live broadcast before it began. The court said Walker failed to go through the appropriate process for getting approval for such a broadcast.\u003c/p>\n\u003cp>Over objections from Proposition 8 attorneys, Walker said he would videotape the trial anyway for personal use in his chambers to help him write the decision, which ultimately struck down Proposition 8.\u003c/p>\n\u003cp>Responding to the Supreme Court's refusal to take up the case and allow the lower court rulings to stand, Walker, who is now retired from the bench, said the justices did the right thing.\u003c/p>\n\u003cp>\"With everything else going on in the world, not weighing in on this issue was an easy decision,\" said Walker. He added that the format of the Prop. 8 trial, with its expert witnesses providing testimony about the history, economics, sociology and psychology of gender roles and same-sex marriage could be a blueprint for judges in other controversial issues, including abortion.\u003c/p>\n\u003cp>\"It was testimony by people who understood the whole panoply which gender plays in our society and in personal relationships,\" Walker said. \"Trials reveal things that simply cannot come out when you're scratching through old dusty books and records of the long past. And I think there are going to be many enactments affecting the abortion rights in the various states in the wake of the Dobbs decision.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In seeking to block release of the videotapes, attorneys for the ballot measure's proponents argued to the Supreme Court that Walker \"solemnly promised\" in court that the tapes would not be made public, and that doing so now would undermine public faith in the courts.\u003c/p>\n\u003cp>In a \u003ca href=\"https://www.supremecourt.gov/DocketPDF/21/21-1304/226576/20220531111532780_Hollingsworth%20v.%20Perry%20--%20Brief%20in%20Opp.pdf\">response brief (PDF)\u003c/a>, attorneys for KQED argued that there was never a promise to keep the trial tapes sealed beyond 10 years and that Proposition 8 supporters failed to demonstrate any concrete injury that would come from releasing them.\u003c/p>\n\u003cp>Kris Perry, one of the original plaintiffs along with her partner Sandy Stier, said release of the tapes was long overdue.\u003c/p>\n\u003cp>\"Since the 2010 ruling striking down Proposition 8, we have fought to have the video record of our historic trial shared with the public,\" Perry said. \"There is no more important time to expose the discriminatory rhetoric of proponents and the courage of the experts, attorneys and plaintiffs in standing up against hate. Even though it's been 12 years since our ruling, we know the fight for marriage equality and many other basic civil rights is still essential and this video shows the evidence for why.\"\u003c/p>\n\u003cp>The 2009 lawsuit filed by supporters of same-sex marriage against Proposition 8 was considered risky by some progressive legal groups, which worried that a setback in federal court could take decades to undo.\u003c/p>\n\u003cp>The trial gained national attention, in part because the legal team seeking to have Proposition 8 struck down was led by conservative Theodore Olson and liberal David Boies, who were on \u003cem>opposite\u003c/em> sides of the infamous Bush v. Gore case following the disputed 2000 presidential election.\u003c/p>\n\u003cp>The three-week trial in 2010 considered a wide range of issues, including the history of marriage, the political power of the LGBTQ+ community, the social and psychological harm of so-called \"conversion therapy\" and how the plaintiffs and their children were personally affected by being denied the right to marry.\u003c/p>\n\u003cp>\u003ca href=\"https://scholar.google.com/scholar_case?case=1984506746130471324&q=Perry+vs.+Schwarzenegger&hl=en&as_sdt=2006\">Judge Walker's decision in August 2010\u003c/a> struck down \u003cspan style=\"font-weight: 400\">Proposition\u003c/span> 8 on the basis that it violated the due process and equal protection clauses of the 14th Amendment, saying California had no rational interest in denying marriage licenses to gay and lesbian couples. The decision was later upheld in a 2-1 decision by the Ninth Circuit Court of Appeals. In 2013, the Supreme Court declined to take up the case, ruling narrowly that \u003cspan style=\"font-weight: 400\">Proposition \u003c/span>8 supporters lacked legal standing to appeal the lower court decisions, which opened the way for same-sex marriages to resume in California after a five-year hiatus.\u003c/p>\n\u003cp>Hollingsworth v. Perry et al was one of dozens of cases \"denied certiorari\" or denied review by the court today.\u003c/p>\n\u003cp>When asked before Tuesday's decision when the trial tapes would be made available, a spokesperson for the courts said \"we will work with the judge in the underlying case to make them available promptly. They'll be posted on a publicly available site.\" No additional details were given.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11911275/supreme-court-ruling-clears-way-for-release-of-footage-from-landmark-trial-that-legalized-same-sex-marriage-in-california","authors":["255"],"categories":["news_6188","news_8","news_13"],"tags":["news_27626","news_323","news_126","news_322","news_1244"],"featImg":"news_11926613","label":"news"},"news_11431636":{"type":"posts","id":"news_11431636","meta":{"index":"posts_1591205157","site":"news","id":"11431636","score":null,"sort":[1493421933000]},"guestAuthors":[],"slug":"kqed-seeks-to-unseal-prop-8-trial-tapes","title":"KQED Seeks to Unseal Prop. 8 Trial Tapes","publishDate":1493421933,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>KQED today \u003ca href=\"https://www.documentcloud.org/documents/3680386-Motion-to-Unseal-Videotaped-Trial-Records.html\" target=\"_blank\">filed a motion\u003c/a> in the United States District Court of Northern California requesting that videotapes from the 2010 trial over the constitutionality of California's ban on same-sex marriage be released to the public.\u003c/p>\n\u003cp>As the San Francisco \u003ca href=\"http://www.lambdalegal.org/in-court/cases/perry-v-schwarzenegger\" target=\"_blank\">trial \u003c/a>began in January 2010, Judge Vaughn Walker was set to broadcast the entire trial via closed circuit. But supporters of Proposition 8 objected, taking the matter up to the U.S. Supreme Court, which ruled 5-4 that trial should not be broadcast. However, the proceedings were still recorded and kept under seal.\u003c/p>\n\u003cp>Later that year Judge Walker issued a \u003ca href=\"https://en.wikipedia.org/wiki/Hollingsworth_v._Perry\" target=\"_blank\">decision\u003c/a> striking down Proposition 8 as a violation of the U.S. Constitution's guarantees of equal protection and due process. It was the nation's first court decision overturning a same sex marriage ban on federal constitution grounds. Walker's decision was later \u003ca href=\"https://www.ca9.uscourts.gov/content/view.php?pk_id=0000000580\" target=\"_blank\">upheld \u003c/a>by the 9th Circuit Court of Appeals. The U.S. Supreme Court let the trial court decision stand, saying the backers of Proposition 8 lacked legal standing to challenge it.\u003c/p>\n\u003cp>Today's motion, which is supported by the two same-sex couples that challenged Proposition 8 in federal court as well as the National Center for Lesbian Rights and other LGBT groups, asserts that there is no longer a compelling reason to prevent people from seeing the tapes.\u003c/p>\n\u003cp>\"Unsealing is appropriate because so much has changed since the Ninth Circuit ordered that the tapes remain sealed over five years ago,\" KQED attorney Thomas R. Burke wrote in the motion.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He notes that since the \u003ca href=\"https://ballotpedia.org/California_Proposition_8,_the_%22Eliminates_Right_of_Same-Sex_Couples_to_Marry%22_Initiative_(2008)\" target=\"_blank\">Proposition 8\u003c/a> trial, the U.S. Supreme Court let stand that lower court decision striking it down in 2013.\u003c/p>\n\u003cp>[contextly_sidebar id=\"P3bjx6Zw5Qz8nZK7PCzMV1L9Tz6h88yE\"]\u003c/p>\n\u003cp>The justices also struck down parts of the \u003ca href=\"https://www.supremecourt.gov/opinions/12pdf/12-307_6j37.pdf\" target=\"_blank\">Defense of Marriage Act, \u003c/a>and ultimately in 2015 in \u003ca href=\"https://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf\" target=\"_blank\">Obergefell v. Hodges \u003c/a>made same-sex marriage legal in all 50 states and the District of Columbia.\u003c/p>\n\u003cp>\"In other words,\" Burke wrote, \"the legal issue at the core of the case has now moved from the category of hotly litigated controversies to settled law.\"\u003c/p>\n\u003cp>\"The sealing of the video of the Prop. 8 trial proceedings can no longer be justified by any compelling interest,\" the motion reads. \"Rather, the interests to the public in unsealing the videotapes now far outweigh the privacy or other interests of judicial administration.\"\u003c/p>\n\u003cp>The Proposition 8 trial included emotional testimony from the four plaintiffs and others, including a young man who had been forced by his parents to undergo discredited \"conversion therapy\" to make him straight.\u003c/p>\n\u003cp>Supporters of Proposition 8 are expected to oppose this motion to unseal the tapes. At the time their attorneys argued that broadcasting the trial could threaten the safety and privacy of its witnesses. One of those witnesses has since publicly stated that his position changed, and that he now supports the right of same-sex couples to marry.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The case has not yet been assigned to a judge, nor has a hearing date been set.\u003c/p>\n\n","blocks":[],"excerpt":"Videotapes of the historic trial that resulted in striking down California's ban on same-sex marriage have been locked away for years. Now, KQED wants a court to make them public.","status":"publish","parent":0,"modified":1493477326,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":15,"wordCount":507},"headData":{"title":"KQED Seeks to Unseal Prop. 8 Trial Tapes | KQED","description":"Videotapes of the historic trial that resulted in striking down California's ban on same-sex marriage have been locked away for years. Now, KQED wants a court to make them public.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11431636 https://ww2.kqed.org/news/?p=11431636","disqusUrl":"https://ww2.kqed.org/news/2017/04/28/kqed-seeks-to-unseal-prop-8-trial-tapes/","disqusTitle":"KQED Seeks to Unseal Prop. 8 Trial Tapes","path":"/news/11431636/kqed-seeks-to-unseal-prop-8-trial-tapes","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>KQED today \u003ca href=\"https://www.documentcloud.org/documents/3680386-Motion-to-Unseal-Videotaped-Trial-Records.html\" target=\"_blank\">filed a motion\u003c/a> in the United States District Court of Northern California requesting that videotapes from the 2010 trial over the constitutionality of California's ban on same-sex marriage be released to the public.\u003c/p>\n\u003cp>As the San Francisco \u003ca href=\"http://www.lambdalegal.org/in-court/cases/perry-v-schwarzenegger\" target=\"_blank\">trial \u003c/a>began in January 2010, Judge Vaughn Walker was set to broadcast the entire trial via closed circuit. But supporters of Proposition 8 objected, taking the matter up to the U.S. Supreme Court, which ruled 5-4 that trial should not be broadcast. However, the proceedings were still recorded and kept under seal.\u003c/p>\n\u003cp>Later that year Judge Walker issued a \u003ca href=\"https://en.wikipedia.org/wiki/Hollingsworth_v._Perry\" target=\"_blank\">decision\u003c/a> striking down Proposition 8 as a violation of the U.S. Constitution's guarantees of equal protection and due process. It was the nation's first court decision overturning a same sex marriage ban on federal constitution grounds. Walker's decision was later \u003ca href=\"https://www.ca9.uscourts.gov/content/view.php?pk_id=0000000580\" target=\"_blank\">upheld \u003c/a>by the 9th Circuit Court of Appeals. The U.S. Supreme Court let the trial court decision stand, saying the backers of Proposition 8 lacked legal standing to challenge it.\u003c/p>\n\u003cp>Today's motion, which is supported by the two same-sex couples that challenged Proposition 8 in federal court as well as the National Center for Lesbian Rights and other LGBT groups, asserts that there is no longer a compelling reason to prevent people from seeing the tapes.\u003c/p>\n\u003cp>\"Unsealing is appropriate because so much has changed since the Ninth Circuit ordered that the tapes remain sealed over five years ago,\" KQED attorney Thomas R. Burke wrote in the motion.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He notes that since the \u003ca href=\"https://ballotpedia.org/California_Proposition_8,_the_%22Eliminates_Right_of_Same-Sex_Couples_to_Marry%22_Initiative_(2008)\" target=\"_blank\">Proposition 8\u003c/a> trial, the U.S. Supreme Court let stand that lower court decision striking it down in 2013.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The justices also struck down parts of the \u003ca href=\"https://www.supremecourt.gov/opinions/12pdf/12-307_6j37.pdf\" target=\"_blank\">Defense of Marriage Act, \u003c/a>and ultimately in 2015 in \u003ca href=\"https://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf\" target=\"_blank\">Obergefell v. Hodges \u003c/a>made same-sex marriage legal in all 50 states and the District of Columbia.\u003c/p>\n\u003cp>\"In other words,\" Burke wrote, \"the legal issue at the core of the case has now moved from the category of hotly litigated controversies to settled law.\"\u003c/p>\n\u003cp>\"The sealing of the video of the Prop. 8 trial proceedings can no longer be justified by any compelling interest,\" the motion reads. \"Rather, the interests to the public in unsealing the videotapes now far outweigh the privacy or other interests of judicial administration.\"\u003c/p>\n\u003cp>The Proposition 8 trial included emotional testimony from the four plaintiffs and others, including a young man who had been forced by his parents to undergo discredited \"conversion therapy\" to make him straight.\u003c/p>\n\u003cp>Supporters of Proposition 8 are expected to oppose this motion to unseal the tapes. At the time their attorneys argued that broadcasting the trial could threaten the safety and privacy of its witnesses. One of those witnesses has since publicly stated that his position changed, and that he now supports the right of same-sex couples to marry.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The case has not yet been assigned to a judge, nor has a hearing date been set.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11431636/kqed-seeks-to-unseal-prop-8-trial-tapes","authors":["255"],"programs":["news_6944","news_72"],"categories":["news_6188","news_8"],"tags":["news_82","news_126","news_3877","news_17286","news_1244"],"featImg":"news_68606","label":"news_72"},"news_91703":{"type":"posts","id":"news_91703","meta":{"index":"posts_1591205157","site":"news","id":"91703","score":null,"sort":[1363878014000]},"guestAuthors":[],"slug":"prop-8-what-you-need-to-know","title":"Prop. 8 at the Supreme Court: What You Need to Know","publishDate":1363878014,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>In California's June 2000 primary, 61 percent of the electorate voted \"yes\" on \u003ca href=\"http://primary2000.sos.ca.gov/VoterGuide/Propositions/22text.htm\" target=\"_blank\">Proposition 22\u003c/a>, a measure that amended state law to read, \"Only marriage between a man and a woman is valid or recognized.\" The state Supreme Court overturned the law in 2008 as discriminatory, opening the way for same-sex couples to get legally married in the state. About 18,000 gay and lesbian couples took advantage of the chance to tie the knot.\u003c/p>\n\u003cfigure id=\"attachment_91707\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/21/prop-8-what-you-need-to-know/supreme-court-decides-whether-of-not-to-review-challenge-of-californias-prop-8-4/\" rel=\"attachment wp-att-91707\">\u003cimg class=\"size-medium wp-image-91707\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS1372_samesexmarriage20121130-300x200.jpg\" alt=\"Same-sex marriage proponent Kat McGuckin of Oaklyn, New Jersey, holds a gay marriage pride flag while standing in front of the Supreme Court November 30, 2012 in Washington, D.C. (Chip Somodevilla/Getty Images)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Same-sex marriage proponent Kat McGuckin holds a gay marriage pride flag while standing in front of the U.S. Supreme Court in November 2012. (Chip Somodevilla/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>But the door that had been opened to same-sex couples slammed shut in November 2008, when voters passed \u003ca href=\"http://voterguide.sos.ca.gov/past/2008/general/title-sum/prop8-title-sum.htm\" target=\"_blank\">Proposition 8\u003c/a>. The measure, a constitutional amendment banning same-sex marriage, passed with 52 percent of the vote.\u003c/p>\n\u003cp>Gay-marriage advocates immediately filed challenges with the California Supreme Court, which agreed to hear the case, and in May 2009, the court upheld Prop. 8, another blow against same-sex marriage.\u003c/p>\n\u003cp>\u003cstrong>PROP. 8 IN THE FEDERAL COURTS\u003c/strong>\u003c/p>\n\u003cp>Taking the cause up the legal chain, gay-marriage advocates then turned to the federal court system. \u003cem>Perry v. Schwarzenegger\u003c/em> (the governor was named the defendant because he was the head of state at the time, although he did not defend the measure) came before U.S. District Court Judge \u003ca href=\"http://blogs.kqed.org/prop8/2010/01/15/who-is-judge-vaughn-walker/\">Vaughn Walker\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Walker \u003ca href=\"http://blogs.kqed.org/prop8/2010/08/04/prop-8-overturned-whats-next/\">overturned\u003c/a> Prop. 8 in August 2010, saying that it violated the federal constitutional guarantees of due process and equal protection under the law, garnering a win for same-sex couples.\u003c!--more-->\u003c/p>\n\u003cp>\"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license,\" Walker wrote in the \u003ca href=\"http://www.kqed.org/assets/pdf/news/prop8ruling080410.pdf\">ruling\u003c/a>. \"Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples.\"\u003c/p>\n\u003cp>Nonetheless, Walker ruled that same-sex marriages should not resume in California until Prop. 8 supporters had a chance to appeal.\u003c/p>\n\u003cp>\u003cstrong>PROP. 8 BACKERS APPEAL\u003c/strong>\u003c/p>\n\u003cp>The \u003ca href=\"http://blogs.kqed.org/prop8/2010/08/05/prop-8-supporters-file-appeal/\">appeal\u003c/a> got off to a rocky start in September 2010. Schwarzenegger, then-Lt. Gov. Abel Maldonado and then-Attorney General Jerry Brown \u003ca href=\"http://blogs.kqed.org/prop8/2010/09/13/is-abel-willing/\">declined to defend\u003c/a> the same-sex marriage ban in court. Imperial County was the only government entity \u003ca href=\"http://blogs.kqed.org/prop8/2010/08/10/imperial-county-files-to-intervene-in-proposition-8-appeals/\">willing to defend\u003c/a> the Prop. 8, though the court soon ruled it didn't have legal standing to intervene in the case. The California Supreme court, however, \u003ca href=\"http://ww2.kqed.org/news/2011/11/17/california-ruling-on-standing-in-prop-8-case-due-at-10-a-m/\">ruled\u003c/a> that Prop. 8's proponents could defend the measure even though state officials declined to do so.\u003c/p>\n\u003cp>In February 2012, the 9th U.S.Circuit Court of Appeals in San Francisco \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/prop-8-appeals-court-decision/\">upheld\u003c/a> the district court's ruling, \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/read-the-full-prop-8-ruling-and-key-passages/\">calling\u003c/a> Prop. 8 unconstitutional.\u003c/p>\n\u003cp>\u003cstrong>PROP. 8 IN THE U.S. SUPREME COURT\u003c/strong>\u003c/p>\n\u003cp>Now, the battle has \u003ca href=\"http://ww2.kqed.org/news/2012/12/07/u-s-supreme-court-announcement-on-proposition-8-californias-gay-marriage-ban/\">reached\u003c/a> the U.S. Supreme Court. The justices \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">heard\u003c/a> oral arguments March 26. President Obama has \u003ca href=\"http://ww2.kqed.org/news/2013/02/28/obama-argues-against-californias-proposition-8-gay-marriage-ban/\">urged\u003c/a> the Supreme Court to overturn the same-sex marriage ban.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/03/26/proposition-8-oral-arguments-explained/\" target=\"_blank\">Oral arguments\u003c/a> touched on a number of issues: whether or not Prop. 8 proponents have standing to bring the case, how to define marriage, if procreation is connected to marriage, and what the Constitution says.\u003c/p>\n\u003cp>As California takes the issue up to the Supreme Court, other states have blazed their own trail. Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Washington, Vermont and Washington, D.C., allow gays and lesbians to marry. On the other side, 31 states have amended their constitutions to ban same-sex marriage.\u003c/p>\n\u003cp>There are \u003ca href=\"http://ww2.kqed.org/news/2013/06/13/supreme-court-may-have-the-final-word-on-prop-8/\" target=\"_blank\">multiple possible outcomes\u003c/a> of the Prop. 8 case -- none of which will likely settle the issue for good. If the Supreme Court overturns Prop. 8, the decision could overturn all state bans on same-sex marriage—provided the high court says there is a fundamental right to marriage. However, the justices could also rule in such a way as to restrict the impact of their ruling to California, allowing other bans on same-sex marriage to stand.\u003c/p>\n\u003cp>If the Supreme Court upholds Prop. 8, the decision would not affect the laws in states that already allow same-sex marriage.\u003c/p>\n\u003cp>The justices could also decide the Prop. 8 proponents lacked standing to bring the case, which would vacate the Ninth Circuit court's decision and uphold Judge Vaughn Walker's ruling that Prop. 8 is unconstitutional. That decision could also leave the issue open to more appeals.\u003c/p>\n\u003cp>\u003cstrong>WHAT ABOUT DOMA?\u003c/strong>\u003c/p>\n\u003cp>The Supreme Court \u003ca href=\"http://ww2.kqed.org/news/2013/03/27/audio-transcript-of-supreme-court-doma-oral-arguments/\" target=\"_blank\">heard\u003c/a> the arguments on the federal Defense of Marriage Act the day after Prop. 8 arguments. DOMA was signed into law by President Bill Clinton in 1996 to define marriage as between a man and woman. DOMA consequently denies legally married same-sex couples the federal benefits that are available to married opposite-sex couples. Clinton has since said he \u003ca href=\"http://www.npr.org/blogs/thetwo-way/2013/03/08/173808091/bill-clinton-defense-of-marriage-act-that-i-signed-is-unconstitutional\">believes\u003c/a> the law is unconstitutional.\u003c/p>\n\u003cp>Two hours of \u003ca href=\"http://ww2.kqed.org/news/2013/03/27/doma-oral-arguments-explained/\" target=\"_blank\">oral arguments\u003c/a> touched largely on what constitutes equal protection under the Constitution, states' rights, and why the President chose not to uphold the law.\u003c/p>\n\u003cp>If the court upholds DOMA, not much will likely change. If the bill is ruled unconstitutional, the federal government will have to recognize the same-sex marriages performed in the states where it is already legal, giving those married couples all the same federal rights and benefits as opposite-sex married couples.\u003c/p>\n\u003cp>\u003cstrong>GAY MARRIAGE IN CALIFORNIA TODAY\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>While the cases were being decided, same-sex marriages have not resumed in California, but those performed in 2008 between the overturning of Proposition 22 and the passage of Prop. 8 are considered valid in the state. A \u003ca href=\"http://ww2.kqed.org/news/2013/02/28/california-poll-finds-widespread-support-for-same-sex-marriage/\">Field Poll\u003c/a> released last month found that 61 percent of likely voters now support same-sex marriage. That's the same percentage that voted against it just 13 years ago.\u003c/p>\n\n","blocks":[],"excerpt":"In California's June 2000 primary, 61 percent of the electorate voted \"yes\" on \u003ca href=\"http://primary2000.sos.ca.gov/VoterGuide/Propositions/22text.htm\" target=\"_blank\">Proposition 22\u003c/a>, a measure that amended state law to read, \"Only marriage between a man and a woman is valid or recognized \" in the state. The state Supreme Court overturned the law in 2008 as discriminatory, opening the way for same-sex couples to get legally married in the state. About 18,000 gay and lesbian couples took advantage of the chance to tie the knot.\r\n\r\n\u003ca href=\"http://ww2.kqed.org/news/2013/03/21/prop-8-what-you-need-to-know/supreme-court-decides-whether-of-not-to-review-challenge-of-californias-prop-8-4/\" rel=\"attachment wp-att-91707\">\u003cimg class=\"size-medium wp-image-91707\" src=\"http://ww2.kqed.org/news/files/2013/03/RS1372_samesexmarriage20121130-300x200.jpg\" alt=\"Same-sex marriage proponent Kat McGuckin of Oaklyn, New Jersey, holds a gay marriage pride flag while standing in front of the Supreme Court November 30, 2012 in Washington, D.C. (Chip Somodevilla/Getty Images)\" width=\"300\" height=\"200\" align=\"left\" style=\"padding: 10px 10px 10px 10px\" />\u003c/a> \r\n\r\nBut the door that had been opened to same-sex couples slammed shut in November 2008, when voters passed \u003ca href=\"http://voterguide.sos.ca.gov/past/2008/general/title-sum/prop8-title-sum.htm\" target=\"_blank\">Proposition 8\u003c/a>. The measure, a constitutional amendment banning same-sex marriage, passed with 52 percent of the vote.\r\n\r\nGay-marriage advocates immediately filed challenges with the California Supreme Court, which agreed to hear the case, and in May 2009, the court upheld Prop. 8, another blow against same-sex marriage.","status":"publish","parent":0,"modified":1398733239,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":26,"wordCount":956},"headData":{"title":"Prop. 8 at the Supreme Court: What You Need to Know | KQED","description":"In California's June 2000 primary, 61 percent of the electorate voted "yes" on Proposition 22, a measure that amended state law to read, "Only marriage between a man and a woman is valid or recognized " in the state. The state Supreme Court overturned the law in 2008 as discriminatory, opening the way for same-sex couples to get legally married in the state. About 18,000 gay and lesbian couples took advantage of the chance to tie the knot.\r\n\r\n \r\n\r\nBut the door that had been opened to same-sex couples slammed shut in November 2008, when voters passed Proposition 8. The measure, a constitutional amendment banning same-sex marriage, passed with 52 percent of the vote.\r\n\r\nGay-marriage advocates immediately filed challenges with the California Supreme Court, which agreed to hear the case, and in May 2009, the court upheld Prop. 8, another blow against same-sex marriage.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"91703 http://ww2.kqed.org/news/?p=91703","disqusUrl":"https://ww2.kqed.org/news/2013/03/21/prop-8-what-you-need-to-know/","disqusTitle":"Prop. 8 at the Supreme Court: What You Need to Know","path":"/news/91703/prop-8-what-you-need-to-know","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>In California's June 2000 primary, 61 percent of the electorate voted \"yes\" on \u003ca href=\"http://primary2000.sos.ca.gov/VoterGuide/Propositions/22text.htm\" target=\"_blank\">Proposition 22\u003c/a>, a measure that amended state law to read, \"Only marriage between a man and a woman is valid or recognized.\" The state Supreme Court overturned the law in 2008 as discriminatory, opening the way for same-sex couples to get legally married in the state. About 18,000 gay and lesbian couples took advantage of the chance to tie the knot.\u003c/p>\n\u003cfigure id=\"attachment_91707\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/21/prop-8-what-you-need-to-know/supreme-court-decides-whether-of-not-to-review-challenge-of-californias-prop-8-4/\" rel=\"attachment wp-att-91707\">\u003cimg class=\"size-medium wp-image-91707\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS1372_samesexmarriage20121130-300x200.jpg\" alt=\"Same-sex marriage proponent Kat McGuckin of Oaklyn, New Jersey, holds a gay marriage pride flag while standing in front of the Supreme Court November 30, 2012 in Washington, D.C. (Chip Somodevilla/Getty Images)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Same-sex marriage proponent Kat McGuckin holds a gay marriage pride flag while standing in front of the U.S. Supreme Court in November 2012. (Chip Somodevilla/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>But the door that had been opened to same-sex couples slammed shut in November 2008, when voters passed \u003ca href=\"http://voterguide.sos.ca.gov/past/2008/general/title-sum/prop8-title-sum.htm\" target=\"_blank\">Proposition 8\u003c/a>. The measure, a constitutional amendment banning same-sex marriage, passed with 52 percent of the vote.\u003c/p>\n\u003cp>Gay-marriage advocates immediately filed challenges with the California Supreme Court, which agreed to hear the case, and in May 2009, the court upheld Prop. 8, another blow against same-sex marriage.\u003c/p>\n\u003cp>\u003cstrong>PROP. 8 IN THE FEDERAL COURTS\u003c/strong>\u003c/p>\n\u003cp>Taking the cause up the legal chain, gay-marriage advocates then turned to the federal court system. \u003cem>Perry v. Schwarzenegger\u003c/em> (the governor was named the defendant because he was the head of state at the time, although he did not defend the measure) came before U.S. District Court Judge \u003ca href=\"http://blogs.kqed.org/prop8/2010/01/15/who-is-judge-vaughn-walker/\">Vaughn Walker\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Walker \u003ca href=\"http://blogs.kqed.org/prop8/2010/08/04/prop-8-overturned-whats-next/\">overturned\u003c/a> Prop. 8 in August 2010, saying that it violated the federal constitutional guarantees of due process and equal protection under the law, garnering a win for same-sex couples.\u003c!--more-->\u003c/p>\n\u003cp>\"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license,\" Walker wrote in the \u003ca href=\"http://www.kqed.org/assets/pdf/news/prop8ruling080410.pdf\">ruling\u003c/a>. \"Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples.\"\u003c/p>\n\u003cp>Nonetheless, Walker ruled that same-sex marriages should not resume in California until Prop. 8 supporters had a chance to appeal.\u003c/p>\n\u003cp>\u003cstrong>PROP. 8 BACKERS APPEAL\u003c/strong>\u003c/p>\n\u003cp>The \u003ca href=\"http://blogs.kqed.org/prop8/2010/08/05/prop-8-supporters-file-appeal/\">appeal\u003c/a> got off to a rocky start in September 2010. Schwarzenegger, then-Lt. Gov. Abel Maldonado and then-Attorney General Jerry Brown \u003ca href=\"http://blogs.kqed.org/prop8/2010/09/13/is-abel-willing/\">declined to defend\u003c/a> the same-sex marriage ban in court. Imperial County was the only government entity \u003ca href=\"http://blogs.kqed.org/prop8/2010/08/10/imperial-county-files-to-intervene-in-proposition-8-appeals/\">willing to defend\u003c/a> the Prop. 8, though the court soon ruled it didn't have legal standing to intervene in the case. The California Supreme court, however, \u003ca href=\"http://ww2.kqed.org/news/2011/11/17/california-ruling-on-standing-in-prop-8-case-due-at-10-a-m/\">ruled\u003c/a> that Prop. 8's proponents could defend the measure even though state officials declined to do so.\u003c/p>\n\u003cp>In February 2012, the 9th U.S.Circuit Court of Appeals in San Francisco \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/prop-8-appeals-court-decision/\">upheld\u003c/a> the district court's ruling, \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/read-the-full-prop-8-ruling-and-key-passages/\">calling\u003c/a> Prop. 8 unconstitutional.\u003c/p>\n\u003cp>\u003cstrong>PROP. 8 IN THE U.S. SUPREME COURT\u003c/strong>\u003c/p>\n\u003cp>Now, the battle has \u003ca href=\"http://ww2.kqed.org/news/2012/12/07/u-s-supreme-court-announcement-on-proposition-8-californias-gay-marriage-ban/\">reached\u003c/a> the U.S. Supreme Court. The justices \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">heard\u003c/a> oral arguments March 26. President Obama has \u003ca href=\"http://ww2.kqed.org/news/2013/02/28/obama-argues-against-californias-proposition-8-gay-marriage-ban/\">urged\u003c/a> the Supreme Court to overturn the same-sex marriage ban.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/03/26/proposition-8-oral-arguments-explained/\" target=\"_blank\">Oral arguments\u003c/a> touched on a number of issues: whether or not Prop. 8 proponents have standing to bring the case, how to define marriage, if procreation is connected to marriage, and what the Constitution says.\u003c/p>\n\u003cp>As California takes the issue up to the Supreme Court, other states have blazed their own trail. Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Washington, Vermont and Washington, D.C., allow gays and lesbians to marry. On the other side, 31 states have amended their constitutions to ban same-sex marriage.\u003c/p>\n\u003cp>There are \u003ca href=\"http://ww2.kqed.org/news/2013/06/13/supreme-court-may-have-the-final-word-on-prop-8/\" target=\"_blank\">multiple possible outcomes\u003c/a> of the Prop. 8 case -- none of which will likely settle the issue for good. If the Supreme Court overturns Prop. 8, the decision could overturn all state bans on same-sex marriage—provided the high court says there is a fundamental right to marriage. However, the justices could also rule in such a way as to restrict the impact of their ruling to California, allowing other bans on same-sex marriage to stand.\u003c/p>\n\u003cp>If the Supreme Court upholds Prop. 8, the decision would not affect the laws in states that already allow same-sex marriage.\u003c/p>\n\u003cp>The justices could also decide the Prop. 8 proponents lacked standing to bring the case, which would vacate the Ninth Circuit court's decision and uphold Judge Vaughn Walker's ruling that Prop. 8 is unconstitutional. That decision could also leave the issue open to more appeals.\u003c/p>\n\u003cp>\u003cstrong>WHAT ABOUT DOMA?\u003c/strong>\u003c/p>\n\u003cp>The Supreme Court \u003ca href=\"http://ww2.kqed.org/news/2013/03/27/audio-transcript-of-supreme-court-doma-oral-arguments/\" target=\"_blank\">heard\u003c/a> the arguments on the federal Defense of Marriage Act the day after Prop. 8 arguments. DOMA was signed into law by President Bill Clinton in 1996 to define marriage as between a man and woman. DOMA consequently denies legally married same-sex couples the federal benefits that are available to married opposite-sex couples. Clinton has since said he \u003ca href=\"http://www.npr.org/blogs/thetwo-way/2013/03/08/173808091/bill-clinton-defense-of-marriage-act-that-i-signed-is-unconstitutional\">believes\u003c/a> the law is unconstitutional.\u003c/p>\n\u003cp>Two hours of \u003ca href=\"http://ww2.kqed.org/news/2013/03/27/doma-oral-arguments-explained/\" target=\"_blank\">oral arguments\u003c/a> touched largely on what constitutes equal protection under the Constitution, states' rights, and why the President chose not to uphold the law.\u003c/p>\n\u003cp>If the court upholds DOMA, not much will likely change. If the bill is ruled unconstitutional, the federal government will have to recognize the same-sex marriages performed in the states where it is already legal, giving those married couples all the same federal rights and benefits as opposite-sex married couples.\u003c/p>\n\u003cp>\u003cstrong>GAY MARRIAGE IN CALIFORNIA TODAY\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>While the cases were being decided, same-sex marriages have not resumed in California, but those performed in 2008 between the overturning of Proposition 22 and the passage of Prop. 8 are considered valid in the state. A \u003ca href=\"http://ww2.kqed.org/news/2013/02/28/california-poll-finds-widespread-support-for-same-sex-marriage/\">Field Poll\u003c/a> released last month found that 61 percent of likely voters now support same-sex marriage. That's the same percentage that voted against it just 13 years ago.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/91703/prop-8-what-you-need-to-know","authors":["1430"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_4863","news_335","news_548","news_893","news_3672","news_2626","news_82","news_323","news_126","news_322","news_1172","news_1244"],"label":"news_6944"},"news_49390":{"type":"posts","id":"news_49390","meta":{"index":"posts_1591205157","site":"news","id":"49390","score":null,"sort":[1323389443000]},"guestAuthors":[],"slug":"prop-8-hearing-on-trial-video-vaughn-walkers-same-sex-relationship","title":"Judges Hear Arguments on Prop 8 Trial Video, Judge Vaughn Walker's Same-Sex Relationship","publishDate":1323389443,"format":"aside","headTitle":"Judges Hear Arguments on Prop 8 Trial Video, Judge Vaughn Walker’s Same-Sex Relationship | KQED","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003cstrong>Update Friday, Dec 9\u003c/strong>: You can listen to the complete audio archive of yesterday’s hearing below:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.kqed.org/.stream/anon/blogs/newsfix/Prop8Video.mp3\">\u003cstrong>Part 1: Hearing on whether to release the Prop 8 trial video\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.kqed.org/.stream/anon/blogs/newsfix/prop8recusal.mp3\">\u003cstrong>Part 2: Hearing on whether Judge Vaughn Walker should have recused himself because of his long-term same-sex relationship\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>Also, here’s \u003ca href=\"http://www.californiareport.org/archive/R201112090850/a\">Scott Shafer’s report from this morning’s California Report\u003c/a>, where you’ll hear some of the highlights:\u003c/p>\n\u003cp>\u003cstrong>Yesterday’s post\u003c/strong>\u003cbr>\nToday a 9th Circuit Court panel heard oral arguments on two ancillary issues in the long-running legal battle to decide the fate of Proposition 8, California’s voter-approved ban on same-sex marriage: Whether to release the video from the Proposition 8 trial, in which Judge Vaughn Walker ruled that Prop 8 was unconstitutional; and whether Walker had a conflict of interest because he was a gay man in a long-term relationship.\u003c/p>\n\u003cp>\u003cstrong>Update 7:25 p.m.\u003c/strong>\u003c/p>\n\u003cp>Scott Shafer reports:\u003c/p>\n\u003cblockquote>\u003cp>The 9th Circuit Court of Appeals will decide whether the federal judge who struck down California’s ban on same sex marriage last year should have disclosed his long-term relationship with another man.\u003c/p>\n\u003cp>Judicial ethics and rules of disclosure require judges to reveal whether they have a personal interest in the outcome of a case before them. Supporters of Prop. 8 argue for that reason Judge Vaughn Walker should have disclosed he was in a long term relationship with another man — and whether he ever intended to marry him.\u003c/p>\n\u003cp>Charles Cooper, an attorney for Protect Marriage dot com, told an Appeals Court panel Thursday that a reasonable person could conclude that Judge Walker had a conflict of interest. But several judges questioned that notion.\u003c/p>\n\u003cp>“A married judge would never be able to hear a divorce?” asked Judge Michael Hawkins.\u003c/p>\n\u003cp>Arguing for opponents of Prop. 8, attorney David Boies said the disclosure standard promoted by the other side would require any minority judge to reveal whether he or she might take advantage of a pro-civil rights ruling.\u003c/p>\n\u003cp>Besides the issue of disclosure, the panel took up another question — whether the Prop. 8 trial tapes be unsealed and made public.\u003c/p>\n\u003cp>Both of these issues will likely be settled before this same panel rules on the fundamental question — whether Prop. 8 violates the U.S. Constitution.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Update: 5:00 p.m.\u003c/strong>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The court has adjourned for the day. Scott Shafer will file a report later this evening. Check back later tonight for a blog post, and tune in to tomorrow’s \u003ca href=\"http://www.californiareport.org/\" target=\"_blank\" rel=\"noopener\">California Report\u003c/a> to hear his report on the proceedings.\u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"http://twitter.com/#!/scottshafer\">Replay Scott Shafer’s live tweets from the courtroom\u003c/a> by clicking below\u003c/strong>:\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ciframe loading=\"lazy\" src=\"http://www.coveritlive.com/index2.php/option=com_altcaster/task=viewaltcast/altcast_code=f615dd43ac/height=550/width=470\" frameborder=\"0\" scrolling=\"no\" width=\"470\" height=\"550\">\u003c/iframe>\u003c/div>\n\u003cp> \u003c/p>\n\u003cp>For background, Scott Shafer \u003ca href=\"http://ww2.kqed.org/news/2011/12/07/prop-8-9th-circuit-hears-oral-arguments-thursday-on-whether-judge-vaughn-walker-had-confict-of-interest-as-gay-man-in-long-term-relationship/\">explains\u003c/a> what was at stake today:\u003c/p>\n\u003cblockquote>\u003cp>1. An appeal of a \u003ca href=\"http://blogs.kqed.org/prop8/files/2011/12/District_court_order-to-release-tapes.pdf\">District court order to release the Prop. 8 trial tapes\u003c/a>. Plaintiff’s attorney Theodore Olson will argue the case for releasing the digital videos. Attorney Charles Cooper will speak on behalf of overturning the lower court’s decision and keeping the tapes sealed.\u003c/p>\n\u003cp>2. An appeal of a \u003ca href=\"http://blogs.kqed.org/prop8/files/2011/12/Motion-to-vacate.pdf\">decision rejecting efforts to have Judge Walker’s decision vacated\u003c/a> because he had a conflict of interest as a gay man in a long-term relationship. Mr. Cooper will argue for Prop. 8 proponents, while David Boies will present the oral arguments on behalf of the lower-court decision striking down the motion to vacate.\u003c/p>\n\u003cp>Both decisions were made in the past year by federal Judge James Ware, Chief Judge of the Northern District of California. Regarding the tapes, Judge Ware wrote that unsealing and releasing them to the public was in the public interest and necessary to maintain transparency in a case of such fundamental importance. His decision is supported by a coalition of media organizations, that includes Fox News, the NY Times and KQED among others. An attorney representing that coalition will participate in Thursday’s oral arguments.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>In strongly \u003ca href=\"http://blogs.kqed.org/prop8/files/2011/12/Doc-797-Order-Denying-Motion-to-Vacate.pdf\">rejecting the motion to vacate\u003c/a>, Judge Ware said that were Judge Walker required to recuse himself under federal statutes, all minority judges would have to recuse themselves from any case involving civil rights, something he said Congress could not have intended in writing the recusal statute.\u003c/p>\n\u003cp>Neither of these issues go to the central legal merits of the constitutionality of Prop. 8. That is especially true in the video tapes question.\u003c/p>\n\u003cp>However, the oral arguments regarding Judge Walker’s obligation to recuse himself because of his status as a gay man in a same sex relationship may reveal more about where the panel is heading.\u003c/p>\n\u003cp>How forcefully will the panel of judges suggest that gay and lesbian rights are of interest to all American judges who care about a society with equality under the law, not just LGBT judges? Will they draw parallels with civil rights cases and minority judges, an indication they see gay rights on par with issues like interracial marriage, segregation and racial discrimination?\u003c/p>\n\u003cp>It may shed some light on where the panel is ultimately heading on the issue that is central to the appeal: Whether to uphold Judge Walker’s decision striking down Prop. 8. That decision will likely come next year, but not before the panel also rules on whether Prop. 8 proponents have legal standing to file the appeal in the first case.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>Here you can watch the \u003ca href=\"http://www.c-spanvideo.org/program/Vaugh/start/1987/stop/2213\">video clip of the trial\u003c/a>, used by Walker in a legal seminar, which prompted the battle over releasing the video.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1685490632,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":true,"iframeSrcs":["http://www.coveritlive.com/index2.php/option=com_altcaster/task=viewaltcast/altcast_code=f615dd43ac/height=550/width=470"],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":920},"headData":{"title":"Judges Hear Arguments on Prop 8 Trial Video, Judge Vaughn Walker's Same-Sex Relationship | KQED","description":"Update Friday, Dec 9: You can listen to the complete audio archive of yesterday's hearing below: Part 1: Hearing on whether to release the Prop 8 trial video Part 2: Hearing on whether Judge Vaughn Walker should have recused himself because of his long-term same-sex relationship Also, here's Scott Shafer's report from this morning's California","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"templateType":"standard","featuredImageType":"standard","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/49390/prop-8-hearing-on-trial-video-vaughn-walkers-same-sex-relationship","audioUrl":"http://www.kqed.org/.stream/anon/blogs/newsfix/Prop8Video.mp3","audioDuration":null,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update Friday, Dec 9\u003c/strong>: You can listen to the complete audio archive of yesterday’s hearing below:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.kqed.org/.stream/anon/blogs/newsfix/Prop8Video.mp3\">\u003cstrong>Part 1: Hearing on whether to release the Prop 8 trial video\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.kqed.org/.stream/anon/blogs/newsfix/prop8recusal.mp3\">\u003cstrong>Part 2: Hearing on whether Judge Vaughn Walker should have recused himself because of his long-term same-sex relationship\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>Also, here’s \u003ca href=\"http://www.californiareport.org/archive/R201112090850/a\">Scott Shafer’s report from this morning’s California Report\u003c/a>, where you’ll hear some of the highlights:\u003c/p>\n\u003cp>\u003cstrong>Yesterday’s post\u003c/strong>\u003cbr>\nToday a 9th Circuit Court panel heard oral arguments on two ancillary issues in the long-running legal battle to decide the fate of Proposition 8, California’s voter-approved ban on same-sex marriage: Whether to release the video from the Proposition 8 trial, in which Judge Vaughn Walker ruled that Prop 8 was unconstitutional; and whether Walker had a conflict of interest because he was a gay man in a long-term relationship.\u003c/p>\n\u003cp>\u003cstrong>Update 7:25 p.m.\u003c/strong>\u003c/p>\n\u003cp>Scott Shafer reports:\u003c/p>\n\u003cblockquote>\u003cp>The 9th Circuit Court of Appeals will decide whether the federal judge who struck down California’s ban on same sex marriage last year should have disclosed his long-term relationship with another man.\u003c/p>\n\u003cp>Judicial ethics and rules of disclosure require judges to reveal whether they have a personal interest in the outcome of a case before them. Supporters of Prop. 8 argue for that reason Judge Vaughn Walker should have disclosed he was in a long term relationship with another man — and whether he ever intended to marry him.\u003c/p>\n\u003cp>Charles Cooper, an attorney for Protect Marriage dot com, told an Appeals Court panel Thursday that a reasonable person could conclude that Judge Walker had a conflict of interest. But several judges questioned that notion.\u003c/p>\n\u003cp>“A married judge would never be able to hear a divorce?” asked Judge Michael Hawkins.\u003c/p>\n\u003cp>Arguing for opponents of Prop. 8, attorney David Boies said the disclosure standard promoted by the other side would require any minority judge to reveal whether he or she might take advantage of a pro-civil rights ruling.\u003c/p>\n\u003cp>Besides the issue of disclosure, the panel took up another question — whether the Prop. 8 trial tapes be unsealed and made public.\u003c/p>\n\u003cp>Both of these issues will likely be settled before this same panel rules on the fundamental question — whether Prop. 8 violates the U.S. Constitution.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Update: 5:00 p.m.\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The court has adjourned for the day. Scott Shafer will file a report later this evening. Check back later tonight for a blog post, and tune in to tomorrow’s \u003ca href=\"http://www.californiareport.org/\" target=\"_blank\" rel=\"noopener\">California Report\u003c/a> to hear his report on the proceedings.\u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"http://twitter.com/#!/scottshafer\">Replay Scott Shafer’s live tweets from the courtroom\u003c/a> by clicking below\u003c/strong>:\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ciframe loading=\"lazy\" src=\"http://www.coveritlive.com/index2.php/option=com_altcaster/task=viewaltcast/altcast_code=f615dd43ac/height=550/width=470\" frameborder=\"0\" scrolling=\"no\" width=\"470\" height=\"550\">\u003c/iframe>\u003c/div>\n\u003cp> \u003c/p>\n\u003cp>For background, Scott Shafer \u003ca href=\"http://ww2.kqed.org/news/2011/12/07/prop-8-9th-circuit-hears-oral-arguments-thursday-on-whether-judge-vaughn-walker-had-confict-of-interest-as-gay-man-in-long-term-relationship/\">explains\u003c/a> what was at stake today:\u003c/p>\n\u003cblockquote>\u003cp>1. An appeal of a \u003ca href=\"http://blogs.kqed.org/prop8/files/2011/12/District_court_order-to-release-tapes.pdf\">District court order to release the Prop. 8 trial tapes\u003c/a>. Plaintiff’s attorney Theodore Olson will argue the case for releasing the digital videos. Attorney Charles Cooper will speak on behalf of overturning the lower court’s decision and keeping the tapes sealed.\u003c/p>\n\u003cp>2. An appeal of a \u003ca href=\"http://blogs.kqed.org/prop8/files/2011/12/Motion-to-vacate.pdf\">decision rejecting efforts to have Judge Walker’s decision vacated\u003c/a> because he had a conflict of interest as a gay man in a long-term relationship. Mr. Cooper will argue for Prop. 8 proponents, while David Boies will present the oral arguments on behalf of the lower-court decision striking down the motion to vacate.\u003c/p>\n\u003cp>Both decisions were made in the past year by federal Judge James Ware, Chief Judge of the Northern District of California. Regarding the tapes, Judge Ware wrote that unsealing and releasing them to the public was in the public interest and necessary to maintain transparency in a case of such fundamental importance. His decision is supported by a coalition of media organizations, that includes Fox News, the NY Times and KQED among others. An attorney representing that coalition will participate in Thursday’s oral arguments.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>In strongly \u003ca href=\"http://blogs.kqed.org/prop8/files/2011/12/Doc-797-Order-Denying-Motion-to-Vacate.pdf\">rejecting the motion to vacate\u003c/a>, Judge Ware said that were Judge Walker required to recuse himself under federal statutes, all minority judges would have to recuse themselves from any case involving civil rights, something he said Congress could not have intended in writing the recusal statute.\u003c/p>\n\u003cp>Neither of these issues go to the central legal merits of the constitutionality of Prop. 8. That is especially true in the video tapes question.\u003c/p>\n\u003cp>However, the oral arguments regarding Judge Walker’s obligation to recuse himself because of his status as a gay man in a same sex relationship may reveal more about where the panel is heading.\u003c/p>\n\u003cp>How forcefully will the panel of judges suggest that gay and lesbian rights are of interest to all American judges who care about a society with equality under the law, not just LGBT judges? Will they draw parallels with civil rights cases and minority judges, an indication they see gay rights on par with issues like interracial marriage, segregation and racial discrimination?\u003c/p>\n\u003cp>It may shed some light on where the panel is ultimately heading on the issue that is central to the appeal: Whether to uphold Judge Walker’s decision striking down Prop. 8. That decision will likely come next year, but not before the panel also rules on whether Prop. 8 proponents have legal standing to file the appeal in the first case.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>Here you can watch the \u003ca href=\"http://www.c-spanvideo.org/program/Vaugh/start/1987/stop/2213\">video clip of the trial\u003c/a>, used by Walker in a legal seminar, which prompted the battle over releasing the video.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/49390/prop-8-hearing-on-trial-video-vaughn-walkers-same-sex-relationship","authors":["80"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_82","news_323","news_145","news_126","news_322","news_1244"],"label":"news_6944"},"news_49195":{"type":"posts","id":"news_49195","meta":{"index":"posts_1591205157","site":"news","id":"49195","score":null,"sort":[1323280750000]},"guestAuthors":[],"slug":"prop-8-9th-circuit-hears-oral-arguments-thursday-on-whether-judge-vaughn-walker-had-confict-of-interest-as-gay-man-in-long-term-relationship","title":"Prop 8: Oral Arguments Thursday on Whether Judge Vaughn Walker Had Confict of Interest as Gay Man in Long-Term Relationship","publishDate":1323280750,"format":"aside","headTitle":"Prop 8: Oral Arguments Thursday on Whether Judge Vaughn Walker Had Confict of Interest as Gay Man in Long-Term Relationship | KQED","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_49206\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/12/Prop8plaintiffsSM.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/12/Prop8plaintiffsSM-300x225.jpg\" alt=\"\" title=\"Prop8plaintiffsSM\" width=\"300\" height=\"225\" class=\"size-medium wp-image-49206\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Plaintiffs in the Prop 8 trial (Photo: Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>It’s been exactly a year since a panel of 9th Circuit Court judges heard oral arguments on an appeal of Judge Vaughn Walker’s \u003ca href=\"http://blogs.kqed.org/prop8/files/2011/12/Prop8Decision.pdf\">2010 decision striking down Prop. 8\u003c/a> for violating the U.S. Constitution. No decision has been rendered on that appeal, and none is likely soon.\u003c/p>\n\u003cp>But Thursday that same panel will hear two somewhat ancillary issues:\u003c/p>\n\u003cp>1. An appeal of a \u003ca href=\"http://blogs.kqed.org/prop8/files/2011/12/District_court_order-to-release-tapes.pdf\">District court order to release the Prop. 8 trial tapes\u003c/a>. Plaintiff’s attorney Theodore Olson will argue the case for releasing the digital videos. Attorney Charles Cooper will speak on behalf of overturning the lower court’s decision and keeping the tapes sealed.\u003c/p>\n\u003cp>2. An appeal of a \u003ca href=\"http://blogs.kqed.org/prop8/files/2011/12/Motion-to-vacate.pdf\">decision rejecting efforts to have Judge Walker’s decision vacated\u003c/a> because he had a conflict of interest as a gay man in a long term relationship. Mr. Cooper will argue for Prop. 8 proponents, while David Boies will present the oral arguments on behalf of the lower court decision striking down the motion to vacate.\u003c/p>\n\u003cp>Both decisions were made in the past year by federal Judge James Ware, Chief Judge of the Northern District of California. Regarding the tapes, Judge Ware wrote that unsealing and releasing them to the public was in the public interest and necessary to maintain transparency in a case of such fundamental importance. His decision is supported by a coalition of media organizations, that includes Fox News, the NY Times and KQED among others. An attorney representing that coalition will participate in Thursday’s oral arguments. \u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In strongly \u003ca href=\"http://blogs.kqed.org/prop8/files/2011/12/Doc-797-Order-Denying-Motion-to-Vacate.pdf\">rejecting the motion to vacate\u003c/a>, Judge Ware said that were Judge Walker required to recuse himself under federal statutes, all minority judges would have to recuse themselves from any case involving civil rights, something he said Congress could not have intended in writing the recusal statute.\u003c/p>\n\u003cp>Neither of these issues go to the cental legal merits of the constitutionality of Prop. 8. That is especially true in the video tapes question.\u003c/p>\n\u003cp>However, the oral arguments regarding Judge Walker’s obligation to recuse himself because of his status as a gay man in a same sex relationship may reveal more about where the panel is heading.\u003c/p>\n\u003cp>How forcefully will the panel of judges suggest that gay and lesbian rights are of interest to all American judges who care about a society with equality under the law, not just LGBT judges? Will they draw parallels with civil rights cases and minority judges, an indication they see gay rights on par with issues like interracial marriage, segregation and racial discrimination?\u003c/p>\n\u003cp>It may shed some light on where the panel is ultimately heading on the issue that is central to the appeal: Whether to uphold Judge Walker’s decision striking down Prop. 8. That decision will likely come next year, but not before the panel also rules on whether Prop. 8 proponents have legal standing to file the appeal in the first case.\u003c/p>\n\u003cp>The wheels of justice do grind slowly!\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Below you can watch a \u003ca href=\"http://www.c-spanvideo.org/program/Vaugh/start/1987/stop/2213\">video clip of the trial\u003c/a> used by Walker in a University of Arizona legal seminar on the issue of cameras in the courtroom\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1685490667,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":14,"wordCount":540},"headData":{"title":"Prop 8: Oral Arguments Thursday on Whether Judge Vaughn Walker Had Confict of Interest as Gay Man in Long-Term Relationship | KQED","description":"It's been exactly a year since a panel of 9th Circuit Court judges heard oral arguments on an appeal of Judge Vaughn Walker's 2010 decision striking down Prop. 8 for violating the U.S. Constitution. No decision has been rendered on that appeal, and none is likely soon. But Thursday that same panel will hear two","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"templateType":"standard","featuredImageType":"standard","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/49195/prop-8-9th-circuit-hears-oral-arguments-thursday-on-whether-judge-vaughn-walker-had-confict-of-interest-as-gay-man-in-long-term-relationship","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_49206\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/12/Prop8plaintiffsSM.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/12/Prop8plaintiffsSM-300x225.jpg\" alt=\"\" title=\"Prop8plaintiffsSM\" width=\"300\" height=\"225\" class=\"size-medium wp-image-49206\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Plaintiffs in the Prop 8 trial (Photo: Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>It’s been exactly a year since a panel of 9th Circuit Court judges heard oral arguments on an appeal of Judge Vaughn Walker’s \u003ca href=\"http://blogs.kqed.org/prop8/files/2011/12/Prop8Decision.pdf\">2010 decision striking down Prop. 8\u003c/a> for violating the U.S. Constitution. No decision has been rendered on that appeal, and none is likely soon.\u003c/p>\n\u003cp>But Thursday that same panel will hear two somewhat ancillary issues:\u003c/p>\n\u003cp>1. An appeal of a \u003ca href=\"http://blogs.kqed.org/prop8/files/2011/12/District_court_order-to-release-tapes.pdf\">District court order to release the Prop. 8 trial tapes\u003c/a>. Plaintiff’s attorney Theodore Olson will argue the case for releasing the digital videos. Attorney Charles Cooper will speak on behalf of overturning the lower court’s decision and keeping the tapes sealed.\u003c/p>\n\u003cp>2. An appeal of a \u003ca href=\"http://blogs.kqed.org/prop8/files/2011/12/Motion-to-vacate.pdf\">decision rejecting efforts to have Judge Walker’s decision vacated\u003c/a> because he had a conflict of interest as a gay man in a long term relationship. Mr. Cooper will argue for Prop. 8 proponents, while David Boies will present the oral arguments on behalf of the lower court decision striking down the motion to vacate.\u003c/p>\n\u003cp>Both decisions were made in the past year by federal Judge James Ware, Chief Judge of the Northern District of California. Regarding the tapes, Judge Ware wrote that unsealing and releasing them to the public was in the public interest and necessary to maintain transparency in a case of such fundamental importance. His decision is supported by a coalition of media organizations, that includes Fox News, the NY Times and KQED among others. An attorney representing that coalition will participate in Thursday’s oral arguments. \u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In strongly \u003ca href=\"http://blogs.kqed.org/prop8/files/2011/12/Doc-797-Order-Denying-Motion-to-Vacate.pdf\">rejecting the motion to vacate\u003c/a>, Judge Ware said that were Judge Walker required to recuse himself under federal statutes, all minority judges would have to recuse themselves from any case involving civil rights, something he said Congress could not have intended in writing the recusal statute.\u003c/p>\n\u003cp>Neither of these issues go to the cental legal merits of the constitutionality of Prop. 8. That is especially true in the video tapes question.\u003c/p>\n\u003cp>However, the oral arguments regarding Judge Walker’s obligation to recuse himself because of his status as a gay man in a same sex relationship may reveal more about where the panel is heading.\u003c/p>\n\u003cp>How forcefully will the panel of judges suggest that gay and lesbian rights are of interest to all American judges who care about a society with equality under the law, not just LGBT judges? Will they draw parallels with civil rights cases and minority judges, an indication they see gay rights on par with issues like interracial marriage, segregation and racial discrimination?\u003c/p>\n\u003cp>It may shed some light on where the panel is ultimately heading on the issue that is central to the appeal: Whether to uphold Judge Walker’s decision striking down Prop. 8. That decision will likely come next year, but not before the panel also rules on whether Prop. 8 proponents have legal standing to file the appeal in the first case.\u003c/p>\n\u003cp>The wheels of justice do grind slowly!\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Below you can watch a \u003ca href=\"http://www.c-spanvideo.org/program/Vaugh/start/1987/stop/2213\">video clip of the trial\u003c/a> used by Walker in a University of Arizona legal seminar on the issue of cameras in the courtroom\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/49195/prop-8-9th-circuit-hears-oral-arguments-thursday-on-whether-judge-vaughn-walker-had-confict-of-interest-as-gay-man-in-long-term-relationship","authors":["255"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_82","news_323","news_126","news_322","news_1244"],"label":"news_6944"},"news_40321":{"type":"posts","id":"news_40321","meta":{"index":"posts_1591205157","site":"news","id":"40321","score":null,"sort":[1316452351000]},"guestAuthors":[],"slug":"federal-grants-motion-to-release-video-tapes-of-prop-8-trial","title":"Federal Judge Grants Motion to Release Video of Prop. 8 Trial; Watch Video Clip From Trial","publishDate":1316452351,"format":"aside","headTitle":"Federal Judge Grants Motion to Release Video of Prop. 8 Trial; Watch Video Clip From Trial | KQED","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003ca href=\"http://twitter.com/#!/scottshafer\">\u003cstrong>Tweets from Scott Shafer here\u003c/strong>\u003c/a>.\u003c/p>\n\u003cp>http://twitter.com/#!/scottshafer/status/115834302662582272\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>http://twitter.com/#!/scottshafer/status/115837240827068416\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>This side-issue in the Prop 8 legal battle grows out of a video clip from the trial shown by former federal judge Vaughn Walker at a University of Arizona legal seminar on the issue of cameras in the courtroom. Walker, of course, is the judge who ruled last year that the same-sex marriage ban is uncontitutional. Prop 8 supporters appealed his decision, which is still being heard by the 9th Circuit. \u003c!--more-->\u003c/p>\n\u003cp>Scott Shafer blogged this about the video clip at the time:\u003c/p>\n\u003cblockquote>\u003cp> Prop 8 supporters say Walker illegally used that clip, which was under seal during the trial and explicitly forbidden from broadcast by the U.S. Supreme Court. In a lawsuit filed with the 9th Circuit Court of Appeal, Prop. 8 attorneys accuse Walker of illegally and unethically using the tapes and (the same court now considering the appeal of Walker’s decision) to force Walker to turn over all copies of the trial so they won’t be broadcast again.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>Below is the clip in question.The event was recorded and archived online by C-SPAN. You won’t be able to see the proceedings up close, as the camera stays focused on Walker in front of a video screen, but you will be able to hear what’s going on, described this way by Scott Shafer:\u003c/p>\n\u003cblockquote>\u003cp>The clip shows attorney plaintiffs’ David Boies cross-examining Claremont-McKenna political science professor Kenneth Miller on whether Prop. 8 meets his definition of “official” or state sanctioned discrimination. It is not a particularly flattering clip, as it shows Boies getting Miller to acknowledge that laws against same sex marriage discriminate against gay and lesbian couples. \u003c/p>\u003c/blockquote>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1685492337,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":10,"wordCount":303},"headData":{"title":"Federal Judge Grants Motion to Release Video of Prop. 8 Trial; Watch Video Clip From Trial | KQED","description":"Tweets from Scott Shafer here. http://twitter.com/#!/scottshafer/status/115834302662582272 http://twitter.com/#!/scottshafer/status/115837240827068416 This side-issue in the Prop 8 legal battle grows out of a video clip from the trial shown by former federal judge Vaughn Walker at a University of Arizona legal seminar on the issue of cameras in the courtroom. Walker, of course, is the judge who ruled last","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"templateType":"standard","featuredImageType":"standard","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/40321/federal-grants-motion-to-release-video-tapes-of-prop-8-trial","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"http://twitter.com/#!/scottshafer\">\u003cstrong>Tweets from Scott Shafer here\u003c/strong>\u003c/a>.\u003c/p>\n\u003cp>http://twitter.com/#!/scottshafer/status/115834302662582272\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>http://twitter.com/#!/scottshafer/status/115837240827068416\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>This side-issue in the Prop 8 legal battle grows out of a video clip from the trial shown by former federal judge Vaughn Walker at a University of Arizona legal seminar on the issue of cameras in the courtroom. Walker, of course, is the judge who ruled last year that the same-sex marriage ban is uncontitutional. Prop 8 supporters appealed his decision, which is still being heard by the 9th Circuit. \u003c!--more-->\u003c/p>\n\u003cp>Scott Shafer blogged this about the video clip at the time:\u003c/p>\n\u003cblockquote>\u003cp> Prop 8 supporters say Walker illegally used that clip, which was under seal during the trial and explicitly forbidden from broadcast by the U.S. Supreme Court. In a lawsuit filed with the 9th Circuit Court of Appeal, Prop. 8 attorneys accuse Walker of illegally and unethically using the tapes and (the same court now considering the appeal of Walker’s decision) to force Walker to turn over all copies of the trial so they won’t be broadcast again.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>Below is the clip in question.The event was recorded and archived online by C-SPAN. You won’t be able to see the proceedings up close, as the camera stays focused on Walker in front of a video screen, but you will be able to hear what’s going on, described this way by Scott Shafer:\u003c/p>\n\u003cblockquote>\u003cp>The clip shows attorney plaintiffs’ David Boies cross-examining Claremont-McKenna political science professor Kenneth Miller on whether Prop. 8 meets his definition of “official” or state sanctioned discrimination. It is not a particularly flattering clip, as it shows Boies getting Miller to acknowledge that laws against same sex marriage discriminate against gay and lesbian couples. \u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/40321/federal-grants-motion-to-release-video-tapes-of-prop-8-trial","authors":["80"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_82","news_323","news_126","news_322","news_1244"],"label":"news_6944"},"news_37737":{"type":"posts","id":"news_37737","meta":{"index":"posts_1591205157","site":"news","id":"37737","score":null,"sort":[1313803764000]},"guestAuthors":[],"slug":"milk-directors-next-project-prop-8-on-broadway","title":"\"Milk\" Director's Next Project: Prop. 8, on Broadway","publishDate":1313803764,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003ca href=\"http://www.imdb.com/name/nm0085257/\">Dustin Lance Black\u003c/a>, who snagged an Oscar for Best Original Screenplay by writing \u003cem>Milk\u003c/em> starring Sean Penn, has turned his talent to Prop. 8, using courtroom transcripts and interviews to create a Broadway-bound play called \"8.\"\u003c/p>\n\u003cp>And befitting Black's reputation, 8 has attracted several luminaries from television and film -- including Sir Morgan Freeman, hunky Cheyenne Jackson (\"Glee\" and \"30 Rock\") and Marisa \"My Cousin Vinny\" Tomei. Tony-Award-winner Joe Mantello will direct.\u003c/p>\n\u003cp>They and the rest of the cast will be at the Eugene O'Neill Theatre in NYC September 19th for a one-night reading -- a fundraiser for the American Foundation for Equal Rights (AFER).\u003c/p>\n\u003cp>It's an artistic echo of \u003ca href=\"http://www.youtube.com/watch?v=B_hyT7_Bx9o\">Prop 8: The Musical\u003c/a> starring Jack Black as Jesus.\u003c/p>\n\u003cp>\u003ciframe width=\"420\" height=\"345\" src=\"http://www.youtube.com/embed/Ug3YkVhkemg\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>There was also a much, much more earnest (and not at all funny or entertaining) verbatim re-enactment of the Prop. 8 trial, based on actual court transcripts. \u003c!--more-->\u003c/p>\n\u003cp>You may recall the trial was set to be televised live until the U.S. Supreme Court stepped in as the trial was getting underway to pull the plug. Except, the plug wasn't pulled -- and over objections of Prop. 8 backers courtroom cameras recorded the entire trial.\u003c/p>\n\u003cp>After retired Judge Vaughn Walker used an excerpt of the tapes in a college lecture that aired on C-Span, Prop. 8 proponents sued to force Walker (and everyone else who has copies) to turn over the tapes.\u003c/p>\n\u003cp>Prop. 8 opponents filed a cross motion, asking federal Judge James Ware to lift the protective order and release the tapes -- arguing legal attacks on Judge Walker's integrity (Ware rejected efforts to have Walker's Prop 8 decision overturned because Walker is gay).\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Oral arguments on that motion will be heard August 29th in San Francisco.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1313804087,"stats":{"hasAudio":false,"hasVideo":true,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":14,"wordCount":297},"headData":{"title":"\"Milk\" Director's Next Project: Prop. 8, on Broadway | KQED","description":"Dustin Lance Black, who snagged an Oscar for Best Original Screenplay by writing Milk starring Sean Penn, has turned his talent to Prop. 8, using courtroom transcripts and interviews to create a Broadway-bound play called "8." And befitting Black's reputation, 8 has attracted several luminaries from television and film -- including Sir Morgan Freeman, hunky","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"37737 http://ww2.kqed.org/news/?p=37737","disqusUrl":"https://ww2.kqed.org/news/2011/08/19/milk-directors-next-project-prop-8-on-broadway/","disqusTitle":"\"Milk\" Director's Next Project: Prop. 8, on Broadway","path":"/news/37737/milk-directors-next-project-prop-8-on-broadway","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"http://www.imdb.com/name/nm0085257/\">Dustin Lance Black\u003c/a>, who snagged an Oscar for Best Original Screenplay by writing \u003cem>Milk\u003c/em> starring Sean Penn, has turned his talent to Prop. 8, using courtroom transcripts and interviews to create a Broadway-bound play called \"8.\"\u003c/p>\n\u003cp>And befitting Black's reputation, 8 has attracted several luminaries from television and film -- including Sir Morgan Freeman, hunky Cheyenne Jackson (\"Glee\" and \"30 Rock\") and Marisa \"My Cousin Vinny\" Tomei. Tony-Award-winner Joe Mantello will direct.\u003c/p>\n\u003cp>They and the rest of the cast will be at the Eugene O'Neill Theatre in NYC September 19th for a one-night reading -- a fundraiser for the American Foundation for Equal Rights (AFER).\u003c/p>\n\u003cp>It's an artistic echo of \u003ca href=\"http://www.youtube.com/watch?v=B_hyT7_Bx9o\">Prop 8: The Musical\u003c/a> starring Jack Black as Jesus.\u003c/p>\n\u003cp>\u003ciframe width=\"420\" height=\"345\" src=\"http://www.youtube.com/embed/Ug3YkVhkemg\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>There was also a much, much more earnest (and not at all funny or entertaining) verbatim re-enactment of the Prop. 8 trial, based on actual court transcripts. \u003c!--more-->\u003c/p>\n\u003cp>You may recall the trial was set to be televised live until the U.S. Supreme Court stepped in as the trial was getting underway to pull the plug. Except, the plug wasn't pulled -- and over objections of Prop. 8 backers courtroom cameras recorded the entire trial.\u003c/p>\n\u003cp>After retired Judge Vaughn Walker used an excerpt of the tapes in a college lecture that aired on C-Span, Prop. 8 proponents sued to force Walker (and everyone else who has copies) to turn over the tapes.\u003c/p>\n\u003cp>Prop. 8 opponents filed a cross motion, asking federal Judge James Ware to lift the protective order and release the tapes -- arguing legal attacks on Judge Walker's integrity (Ware rejected efforts to have Walker's Prop 8 decision overturned because Walker is gay).\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Oral arguments on that motion will be heard August 29th in San Francisco.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/37737/milk-directors-next-project-prop-8-on-broadway","authors":["255"],"programs":["news_6944"],"categories":["news_223","news_6188"],"tags":["news_1791","news_82","news_1156","news_126","news_322","news_1244"],"label":"news_6944"},"news_30860":{"type":"posts","id":"news_30860","meta":{"index":"posts_1591205157","site":"news","id":"30860","score":null,"sort":[1308092443000]},"guestAuthors":[],"slug":"judge-denies-motion-to-vacate-walker-prop-8-ruling","title":"Motion to Overturn Vaughn Walker's Prop 8 Ruling Based on His Same-Sex Relationship Fails; Read Excerpts","publishDate":1308092443,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>Last year, Judge Vaughn Walker, now retired, \u003ca href=\"http://www.csmonitor.com/USA/Justice/2010/0804/Prop.-8-overturned-Why-Vaughn-Walker-ruled-against-gay-marriage-ban\">ruled\u003c/a> that Proposition 8, California's same-sex marriage ban, was unconstitutional. \u003c/p>\n\u003cp>One of the legal rationales Prop 8 supporters have used in trying to get Walker's ruling overturned is that the judge's long-term same-sex marriage, which he \u003ca href=\"http://www.reuters.com/article/2011/04/06/us-gaymarriage-judge-idUSTRE7356TA20110406\">divulged to reporters\u003c/a> a couple of months ago, should have disqualified him from presiding over the case because of a potential personal interest in its outcome. \u003c/p>\n\u003cp>District Court of Northern California Judge James Ware, Walker's replacement, wasted no time in ruling against that argument. The motion, \u003ca href=\"http://ww2.kqed.org/news/2011/06/13/live-scott-shafer-tweets-from-the-prop-8-hearing-on-former-judge-vaughn-walkers-same-sex-relationship/\">argued just yesterday\u003c/a>, has been denied. \u003c/p>\n\u003cp>\u003ca href=\"https://ecf.cand.uscourts.gov/cand/09cv2292/files/797.pdf\">\u003cstrong>Read a .pdf of the ruling here\u003c/strong>\u003c/a>.\u003c/p>\n\u003cp>Here is just some of the reasoning that Judge James Ware used in refusing to throw out Judge Walker's ruling. \u003c/p>\n\u003cblockquote>\u003cp>The presumption that Judge Walker, by virtue of being in a same-sex relationship, had a desire to be married that rendered him incapable of making an impartial decision, is as warrantless as the presumption that a female judge is incapable of being impartial in a case in which women seek legal relief. On the contrary: it is reasonable to presume that a female judge or a judge in a same-sex relationship is capable of rising above any personal predisposition and deciding such a case on the merits. The Motion fails to cite any evidence that Judge Walker would be incapable of being impartial, but to presume that Judge Walker was incapable of being impartial, without concrete evidence to support that presumption, is inconsistent with what is required under a reasonableness standard.\u003c/p>\u003c/blockquote>\n\u003cp>----------------------------------------------------------------------------------------------------------------------\u003cbr>\n\u003c!--more-->\u003c/p>\n\u003cblockquote>\u003cp>These cases lead the Court to adopt the following legal conclusion: In a case that could affect the general public based on the circumstances or characteristics of various members of that public, the fact that a federal judge happens to share the same circumstances or characteristic and will only be affected in a similar manner because the judge is a member of the public, is not a basis for disqualifying the judge under Section 455(b)(4).\u003c/p>\u003c/blockquote>\n\u003cp>----------------------------------------------------------------------------------------------------------------------\u003c/p>\n\u003cblockquote>\u003cp>The fact that this is a case challenging a law on equal protection and due process grounds being prosecuted by members of a minority group does not mean that members of the minority group have a greater interest in equal protection and due process than the rest of society. In our society, a variety of citizens of different backgrounds coexist because we have constitutionally bound ourselves to protect the fundamental rights of one another from being violated by unlawful treatment. Thus, we all have an equal stake in a case that challenges the constitutionality of a restriction on a fundamental right.\u003c/p>\u003c/blockquote>\n\u003cp>----------------------------------------------------------------------------------------------------------------------\u003c/p>\n\u003cblockquote>\u003cp>Defendant-Intervenors contend that consideration of the fact that Judge Walker “has\u003cbr>\nbeen involved in a 10-year (8-year at the time that Plaintiffs commenced this suit) committed same-sex relationship” would lead a reasonable person to question Judge Walker’s impartiality. The Court finds that disqualification under Section 455(a) on the basis of this fact fails, because it depends upon the assumption that a judge who is in a relationship has an interest in getting married which is so powerful that it would render that judge incapable of performing his duties.\u003c/p>\n\u003cp>Under Ninth Circuit law, however, this assumption is unreasonable. A well-informed, thoughtful observer would recognize that the mere fact that a judge is in a relationship with another person–whether of the same or the opposite sex–does not ipso facto imply that the judge must be so interested in marrying that person that he would be unable to exhibit the impartiality which, it is presumed, all federal judges maintain...To assume otherwise is to engage in speculation about a judge’s motives and desires on the basis of an unsubstantiated suspicion that the judge is personally biased or prejudiced. Mere speculation of that nature does not trigger the recusal requirements of Section 455(a). \u003c/p>\u003c/blockquote>\n\u003cp>\u003cem>Update 4 p.m.\u003c/em> Scott Shafer interviewed UC Davis law professor Vik Amar about the ruling today, and Amar made the following point: Judge Ware's decision alludes to the lack of certainty that Judge Walker, who is in a long-term, same-sex relationship, had a desire to get married. One of Ware's reasons for denying the motion to vacate is that because Walker didn't \u003cem>necessarily\u003c/em> have that desire, he didn't have to recuse himself. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But what if, Amar says, Walker had publicly expressed an interest in getting married? Would there then have been an obligation on his part to recuse himself? The decision doesn't address that, says Amar.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/VikAmarRecusal.mp3\">\u003cem>Listen to the interview here\u003c/em>\u003c/a>:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/VikAmarRecusal.mp3|titles=VikAmarRecusal]\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1308100112,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":795},"headData":{"title":"Motion to Overturn Vaughn Walker's Prop 8 Ruling Based on His Same-Sex Relationship Fails; Read Excerpts | KQED","description":"Last year, Judge Vaughn Walker, now retired, ruled that Proposition 8, California's same-sex marriage ban, was unconstitutional. One of the legal rationales Prop 8 supporters have used in trying to get Walker's ruling overturned is that the judge's long-term same-sex marriage, which he divulged to reporters a couple of months ago, should have disqualified him","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"30860 http://ww2.kqed.org/news/?p=30860","disqusUrl":"https://ww2.kqed.org/news/2011/06/14/judge-denies-motion-to-vacate-walker-prop-8-ruling/","disqusTitle":"Motion to Overturn Vaughn Walker's Prop 8 Ruling Based on His Same-Sex Relationship Fails; Read Excerpts","path":"/news/30860/judge-denies-motion-to-vacate-walker-prop-8-ruling","audioUrl":"http://ww2.kqed.org/news/files/2011/06/VikAmarRecusal.mp3","audioDuration":null,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Last year, Judge Vaughn Walker, now retired, \u003ca href=\"http://www.csmonitor.com/USA/Justice/2010/0804/Prop.-8-overturned-Why-Vaughn-Walker-ruled-against-gay-marriage-ban\">ruled\u003c/a> that Proposition 8, California's same-sex marriage ban, was unconstitutional. \u003c/p>\n\u003cp>One of the legal rationales Prop 8 supporters have used in trying to get Walker's ruling overturned is that the judge's long-term same-sex marriage, which he \u003ca href=\"http://www.reuters.com/article/2011/04/06/us-gaymarriage-judge-idUSTRE7356TA20110406\">divulged to reporters\u003c/a> a couple of months ago, should have disqualified him from presiding over the case because of a potential personal interest in its outcome. \u003c/p>\n\u003cp>District Court of Northern California Judge James Ware, Walker's replacement, wasted no time in ruling against that argument. The motion, \u003ca href=\"http://ww2.kqed.org/news/2011/06/13/live-scott-shafer-tweets-from-the-prop-8-hearing-on-former-judge-vaughn-walkers-same-sex-relationship/\">argued just yesterday\u003c/a>, has been denied. \u003c/p>\n\u003cp>\u003ca href=\"https://ecf.cand.uscourts.gov/cand/09cv2292/files/797.pdf\">\u003cstrong>Read a .pdf of the ruling here\u003c/strong>\u003c/a>.\u003c/p>\n\u003cp>Here is just some of the reasoning that Judge James Ware used in refusing to throw out Judge Walker's ruling. \u003c/p>\n\u003cblockquote>\u003cp>The presumption that Judge Walker, by virtue of being in a same-sex relationship, had a desire to be married that rendered him incapable of making an impartial decision, is as warrantless as the presumption that a female judge is incapable of being impartial in a case in which women seek legal relief. On the contrary: it is reasonable to presume that a female judge or a judge in a same-sex relationship is capable of rising above any personal predisposition and deciding such a case on the merits. The Motion fails to cite any evidence that Judge Walker would be incapable of being impartial, but to presume that Judge Walker was incapable of being impartial, without concrete evidence to support that presumption, is inconsistent with what is required under a reasonableness standard.\u003c/p>\u003c/blockquote>\n\u003cp>----------------------------------------------------------------------------------------------------------------------\u003cbr>\n\u003c!--more-->\u003c/p>\n\u003cblockquote>\u003cp>These cases lead the Court to adopt the following legal conclusion: In a case that could affect the general public based on the circumstances or characteristics of various members of that public, the fact that a federal judge happens to share the same circumstances or characteristic and will only be affected in a similar manner because the judge is a member of the public, is not a basis for disqualifying the judge under Section 455(b)(4).\u003c/p>\u003c/blockquote>\n\u003cp>----------------------------------------------------------------------------------------------------------------------\u003c/p>\n\u003cblockquote>\u003cp>The fact that this is a case challenging a law on equal protection and due process grounds being prosecuted by members of a minority group does not mean that members of the minority group have a greater interest in equal protection and due process than the rest of society. In our society, a variety of citizens of different backgrounds coexist because we have constitutionally bound ourselves to protect the fundamental rights of one another from being violated by unlawful treatment. Thus, we all have an equal stake in a case that challenges the constitutionality of a restriction on a fundamental right.\u003c/p>\u003c/blockquote>\n\u003cp>----------------------------------------------------------------------------------------------------------------------\u003c/p>\n\u003cblockquote>\u003cp>Defendant-Intervenors contend that consideration of the fact that Judge Walker “has\u003cbr>\nbeen involved in a 10-year (8-year at the time that Plaintiffs commenced this suit) committed same-sex relationship” would lead a reasonable person to question Judge Walker’s impartiality. The Court finds that disqualification under Section 455(a) on the basis of this fact fails, because it depends upon the assumption that a judge who is in a relationship has an interest in getting married which is so powerful that it would render that judge incapable of performing his duties.\u003c/p>\n\u003cp>Under Ninth Circuit law, however, this assumption is unreasonable. A well-informed, thoughtful observer would recognize that the mere fact that a judge is in a relationship with another person–whether of the same or the opposite sex–does not ipso facto imply that the judge must be so interested in marrying that person that he would be unable to exhibit the impartiality which, it is presumed, all federal judges maintain...To assume otherwise is to engage in speculation about a judge’s motives and desires on the basis of an unsubstantiated suspicion that the judge is personally biased or prejudiced. Mere speculation of that nature does not trigger the recusal requirements of Section 455(a). \u003c/p>\u003c/blockquote>\n\u003cp>\u003cem>Update 4 p.m.\u003c/em> Scott Shafer interviewed UC Davis law professor Vik Amar about the ruling today, and Amar made the following point: Judge Ware's decision alludes to the lack of certainty that Judge Walker, who is in a long-term, same-sex relationship, had a desire to get married. One of Ware's reasons for denying the motion to vacate is that because Walker didn't \u003cem>necessarily\u003c/em> have that desire, he didn't have to recuse himself. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But what if, Amar says, Walker had publicly expressed an interest in getting married? Would there then have been an obligation on his part to recuse himself? The decision doesn't address that, says Amar.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/VikAmarRecusal.mp3\">\u003cem>Listen to the interview here\u003c/em>\u003c/a>:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"audio","attributes":{"named":{"label":":http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/VikAmarRecusal.mp3|titles=VikAmarRecusal"},"numeric":[":http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/VikAmarRecusal.mp3|titles=VikAmarRecusal"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/30860/judge-denies-motion-to-vacate-walker-prop-8-ruling","authors":["80"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_82","news_323","news_126","news_322","news_1244"],"label":"news_6944"},"news_30761":{"type":"posts","id":"news_30761","meta":{"index":"posts_1591205157","site":"news","id":"30761","score":null,"sort":[1308015381000]},"guestAuthors":[],"slug":"prop-8-judge-could-rule-tuesday-on-vaughn-walker-bias-issue","title":"Prop 8 Judge Could Rule Tuesday on Vaughn Walker Bias Issue","publishDate":1308015381,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>At the end of Monday's 3-hour long oral arguments, District Court Judge \u003ca href=\"http://www.cand.uscourts.gov/jw\">James Ware\u003c/a> said he hoped to have a written ruling on the motion to have Judge Vaughn Walker's Prop 8 ruling vacated \"within 24 hours\".\u003c/p>\n\u003cp>The bottom line issue: Did Judge Walker have a duty to \u003ca href=\"http://www.reuters.com/article/2011/04/06/us-gaymarriage-judge-idUSTRE7356TA20110406\">recuse himself\u003c/a> from the Prop. 8 trial or at the very least disclose he was in a same sex relationship. Prop. 8 lawyers say that left him \"in the same shoes\" as the two same sex couples before him, with a direct personal interest in the outcome of the case.\u003c/p>\n\u003cp>Both sides more or less stuck to their pre-trial briefing. Judge Ware homed in on whether the standard for recusal is subjective or objective -- and how a personal interest differed from a financial interest.\u003c/p>\n\u003cp>There was some fun back and forth with Judge Ware and Prop. 8 attorney Charles Cooper about relationships. Cooper asserted that people in a 10-year relationship like Walker's would \"ordinarily have an interest in marriage.\" Ware: \"Isn't that an assumption -- not all long term relationships lead to marriage.\" Cooper said only long term platonic relationships are not assumed to head toward marriage. \u003c!--more-->\u003c/p>\n\u003cp>Ware asked repeatedly: \"Do you have evidence Judge Ware was interested in marriage? Or are you saying the fact that he didn't disclose it is evidence that he wanted to get married.\" Then, \"how does failure to disclose his relationship indicate he wanted to get married?\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Ware noted that Cooper never answered the question, which could well come back to haunt him.\u003c/p>\n\u003cp>Ware, who is African American, asked if a reasonable person thought a Black judge couldn't be impartial on a civil rights case was that sufficient for a judge to recuse? Cooper said it was not.\u003c/p>\n\u003cp>Then Ware asked: Is there anything about being in a same sex relationship that would cause a reasonable person to conclude that a judge could not be unbiased.\u003c/p>\n\u003cp>Ware also asked if a female judge who had been raped should have to disclose that in a trial about sexual assault.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The line of questioning strongly suggests Judge Ware will reject the Motion to vacate Judge Walker's decision.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1308016992,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":12,"wordCount":370},"headData":{"title":"Prop 8 Judge Could Rule Tuesday on Vaughn Walker Bias Issue | KQED","description":"At the end of Monday's 3-hour long oral arguments, District Court Judge James Ware said he hoped to have a written ruling on the motion to have Judge Vaughn Walker's Prop 8 ruling vacated "within 24 hours". The bottom line issue: Did Judge Walker have a duty to recuse himself from the Prop. 8 trial","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"30761 http://ww2.kqed.org/news/?p=30761","disqusUrl":"https://ww2.kqed.org/news/2011/06/13/prop-8-judge-could-rule-tuesday-on-vaughn-walker-bias-issue/","disqusTitle":"Prop 8 Judge Could Rule Tuesday on Vaughn Walker Bias Issue","path":"/news/30761/prop-8-judge-could-rule-tuesday-on-vaughn-walker-bias-issue","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>At the end of Monday's 3-hour long oral arguments, District Court Judge \u003ca href=\"http://www.cand.uscourts.gov/jw\">James Ware\u003c/a> said he hoped to have a written ruling on the motion to have Judge Vaughn Walker's Prop 8 ruling vacated \"within 24 hours\".\u003c/p>\n\u003cp>The bottom line issue: Did Judge Walker have a duty to \u003ca href=\"http://www.reuters.com/article/2011/04/06/us-gaymarriage-judge-idUSTRE7356TA20110406\">recuse himself\u003c/a> from the Prop. 8 trial or at the very least disclose he was in a same sex relationship. Prop. 8 lawyers say that left him \"in the same shoes\" as the two same sex couples before him, with a direct personal interest in the outcome of the case.\u003c/p>\n\u003cp>Both sides more or less stuck to their pre-trial briefing. Judge Ware homed in on whether the standard for recusal is subjective or objective -- and how a personal interest differed from a financial interest.\u003c/p>\n\u003cp>There was some fun back and forth with Judge Ware and Prop. 8 attorney Charles Cooper about relationships. Cooper asserted that people in a 10-year relationship like Walker's would \"ordinarily have an interest in marriage.\" Ware: \"Isn't that an assumption -- not all long term relationships lead to marriage.\" Cooper said only long term platonic relationships are not assumed to head toward marriage. \u003c!--more-->\u003c/p>\n\u003cp>Ware asked repeatedly: \"Do you have evidence Judge Ware was interested in marriage? Or are you saying the fact that he didn't disclose it is evidence that he wanted to get married.\" Then, \"how does failure to disclose his relationship indicate he wanted to get married?\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Ware noted that Cooper never answered the question, which could well come back to haunt him.\u003c/p>\n\u003cp>Ware, who is African American, asked if a reasonable person thought a Black judge couldn't be impartial on a civil rights case was that sufficient for a judge to recuse? Cooper said it was not.\u003c/p>\n\u003cp>Then Ware asked: Is there anything about being in a same sex relationship that would cause a reasonable person to conclude that a judge could not be unbiased.\u003c/p>\n\u003cp>Ware also asked if a female judge who had been raped should have to disclose that in a trial about sexual assault.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The line of questioning strongly suggests Judge Ware will reject the Motion to vacate Judge Walker's decision.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/30761/prop-8-judge-could-rule-tuesday-on-vaughn-walker-bias-issue","authors":["255"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_82","news_323","news_126","news_322","news_1244"],"label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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