Trials & Litigation

Prop 8 Supporters Object to Judge Showing Trial Clip at Speech

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Sponsors of Proposition 8, the California same-sex marriage ban that was struck down in federal court, are upset that the trial judge showed a video clip of the trial at the University of Arizona during a speech that advocated cameras in the courtroom. Previously, the U.S. Supreme Court prohibited a live broadcast of the trial.

Charles Cooper, a Washington, D.C., lawyer who represents Proposition 8 sponsors, asked the San Francisco-based 9th U.S. Circuit Court of Appeals to retrieve all copies of the video, and seal them from public view, according to the San Francisco Chronicle. The filing is part of an appeal seeking to overturn U.S. District Judge Vaughn Walker’s August 2010 ruling that declared Proposition 8 unconstitutional.

Walker gave the speech February 18, and retired from the court 10 days later. He now has a San Francisco mediation practice. According to the Chronicle, Walker has told reporters that he considers the trial video public record.

Before the trial began, Walker approved a live, closed-circuit telecast of it to other federal courts, and a video recording to later be posted on YouTube, for a pilot program the appeals court approved. Proposition 8 sponsors took the matter to the U.S. Supreme Court, which in a 5-4 ruling found that Walker did not allow enough time for comment under local court rules. The opinion also noted that some witnesses could be intimidated by being videotaped.

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