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Breaking: Prop 8 Tapes Will Remain Sealed |
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Written by Instinct Staff |
Thursday, 02 February 2012
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| Tags: ninth circuit, court of appeals, prop 8, video tapes, marriage equality, same sex, gay, ruling, issued, judge walker |
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The Ninth Circuit Court of Appeals has decided that the Prop 8 videotapes will remain sealed in its just-released ruling. Details follow.
Reads part of the decision (the full transcript is at the bottom of the post):
Interpreted in their full context, at least two of Chief Judge Walker’s statements amount to unequivocal assurances that the video recording at issue would not be accessible to the public. No other inference can plausibly be drawn from the record. First, following the Supreme Court’s issuance of a stay against the public broadcast of the trial, Chief Judge Walker stated in open court that he was going to continue “taking the recording for purposes of use in chambers,” but that the recording was “not going to be for purposes of public broadcasting or televising.” It would be unreasonable to expect Proponents, upon reading the Supreme Court’s opinion and hearing Chief Judge Walker’s statement in response, to foresee that a recording made for such limited purposes might nonetheless be released for viewing by the public,either during or after the trial. Had Chief Judge Walker not made the statement he did, Proponents would very likely have sought an order directing him to stop recording forthwith, which, given the prior temporary and further stay they had just obtained from the Supreme Court, they might well have secured.
Courage Campaign's Rick Jacobs reacts:
"We are disappointed in the 9th Circuit’s decision to not release the videotapes from the historic Prop 8 hearing. In our minds, it never made sense that transcripts from the hearing could be easily accessed by anyone but not the videotapes. That just proves that our cowardly opponents knew they did a poor job defending their bigotry and homophobia in court. We sincerely hope this decision does not herald more bad news regarding the unconstitutionality of Prop 8. Lives are depending on it."
11-17255 #73 - Decision
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