In Pasadena, several gay rights advocates who had been hoping to view the Prop 8 trial which began a little less than an hour ago at a US District Court in San Francisco expressed disappointment with the ruling from the Supreme Court blocking video feed access.
“The Supreme Court has decided to deny people their Constitutional rights to access to the courts,” said Brian Brookey, a Pasadena lawyer and one of the 18,000 same-sex couples who married in between the CA State Supreme Court ruling legalizing gay marriage and the passage of Prop. 8. Brookey works around the corner from the Richard H. Chambers courthouse and has been “following the case obsessively,” so he came down to watch the first day of proceedings.
Tracey, a student and another married same-sex partner who wed when it was legal in California to do so, was similarly upset. “Shock is what I’m feeling, number one. But also, if they’re (anti-equality forces) stooping this low, that means we might have enough of a case to have them shaking in their boots.”
The Supreme Court’s stay on remote access of the trial expires on Wednesday. The ruling only includes the simulcast feeds to courthouses outside of San Francisco and the tape-delayed broadcast of the trial to YouTube. Justice Stephen Breyer objected to the stay, but he would have to convince his colleagues for it to be lifted.
Mr. Brookey, who is on the board of Lesbian and Gay Lawyers Association of Los Angeles, said that the arguments from anti-equality groups for wanting to block video feeds and YouTube broadcast were specious. “They said, ‘this threatens our fundamental constitutional rights!’ Oh, and how does that feel?”
Tracey, who is African-American, added that she talked to her father right before the trial began. “He grew up in the Jim Crow south,” she said. “And he said this was civil rights fight of our time. That’s why I wanted to be here, to say I was here right at the beginning.” She has considered driving up to San Francisco for the trial for the rest of the week.
Both agreed that the courts were the proper venue for attaining the civil right of marriage for same-sex couples. “The minority shouldn’t have to go to the ballot to beg for their civil rights,” Mr. Brookey said. “That’s not how it works in this country. The only way is to go to the courts.” Tracey added, “If you look at civil rights for gays, African-Americans, even veterans because I am a veteran too, we all had to go through a lot to get stuff done. And things start moving when you get into the courts.”
FDL’s Teddy Partridge is liveblogging the courtroom proceedings from San Francisco.



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Thanks dday!
Is there precedent for live broadcast or video delay from Federal Court?
The stay will presumably be gilded with constitutionalist language about protecting the “courts” from undue publicity and theatricality. What a laugh.
This stay is about limiting debate – and easy access to the knowledge required to hold it. It is cut from the same mold as Bush II’s decision not to allow pictures of the coffins of returning service personnel, the better to persuade Americans his were sacrificeless wars.
This is about restricting freedom of speech as well as restricting access to who can look into, much less pass, the court house doors. This court has restricted the latter for quite some time. This stay is evidence it intends to do more of it.
These are the courts, and they are bound by precedent unless forces powerful enough weigh in to the contrary.
I’m really over my advocates picking bad fights and then whining like spoiled children when they don’t get special treatment or when people fight back.
When you’re wealthy and are accustomed to buying what you need instead of having to work for and value the choices you can make, you expect the world to be delivered on a platter. Well, it does not work that way.
This is what happens when our civil rights struggle is mediated through a pay-to-play legal system.
David, I just got home from being in Pasadena. Wow! Talk about Who Gives A Shit? I looked for you. After speaking with Tracy and Richard. After going through the whole security thingy. What a photo op of apathy. Where was everyone?
The thing that I brought away from this experience, after I got over the Where Is Everyone? was that the folks who were there were in it for the long haul. This is just one day. A long fight. Not like the tin foil hats who scream here every day.
Yikes. I’m still shuddering from the lack of people there. Still stunned. All I did was pull on some jeans and a jacket, brushed my teeth and did a quick swab of make up. Was that so much? I don’t think so. Really disappointed but girded by the faith of those few faithful there.
Blue Texan’s regularly scheduled post is up: Senate Majority Leader was Affiliated with White Supremacist Group
And to Protect those who are afraid that their bigoted hate speech will be harrassed. Oh, the fear of being called out on what you believe.
Yeah, there weren’t a ton of people there. Of course, the announcement that the video would be simulcast only came on Friday, so there wasn’t a lot of advanced notice. I would have expected more people arriving as the week went on.
And we’ll see, maybe the stay will be lifted and exactly that will happen.
d
There is an openly gay — very credible progressive Dem candidate — Jacob Meister, running for Obama’s Senate seat. Since many of SCOTUS are getting old and the Senate confirms SCOTUS we need to get a voice in the Senate for these confirmations. Meister has a comprehensive jobs and economic plan and has said he sees LGBT issues as an issue of civil rights. He also said he will spend capital to bring LGBT issues to the Senate floor. http://www.youtube.com/user/MeisterForSenate2010 & http://www.meisterforsenate.com/
David Hoffman, who is running as a Dem, worked for a Blue-Dog Dem., Sen Boren who voted for Clarence Thomas as well as for two right-wing Judges — Rehnquist and Jacobs on the Second Circuit. He said it was for his resume but a NYT article (http://www.nytimes.com/2009/12/22/us/22bar.html) said:
“A Supreme Court clerkship really brightens the legal résumé, and former clerks have their pick of the best jobs at law firms, in the academy and in government.
The career choices they make also say something important about the state of the Supreme Court. A new study has found that former clerks have started to take jobs that reflect the ideologies of the justices for whom they worked.”
The article concludes with the study’s author:
” “Do justices select like-minded clerks?” he asked. “Of course.”
“And do these clerks go into private practice, government work and the legal academy and use their legal skills to promote ideological views that are compatible with their justices? Of course.” ”
I don’t know where Alexi Giannoulias stands on SCOTUS, but he’s on record saying that he will take his LGBT orders from Obama.
In person registration/voting runs thru Jan 26 and primary is Feb 2. Spread the word, volunteer (you can phone bank), donate.