Firedoglake’s Prop 8 Trial Archive

Your center for coverage of Perry vs. Schwarzenegger, a landmark case in marriage equality and civil rights. Check back here for trial coverage by FDL contributors as well as court documents, videos and action items.

Be sure to follow Firedoglake’s liveblogging of the Prop 8 Trial’s closing arguments by Marcy Wheeler, Bmaz and Teddy Partridge.

Coverage will begin on Wednesday, June 16th, 2010 at 10:00 AM PDT / 1:00 PM EST.

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Intervenors File Motion for Stay of Prop 8 Ruling with Ninth Circuit

By David Dayen 13 August 2010 at 10:35am pacific

As expected, ProtectMarriage.com has filed an emergency stay of Judge Vaughn Walker’s ruling in the Prop 8 trial with the Ninth Circuit Court of Appeals. The stay that Walker put on his ruling will expire on August 18 absent any action from the Ninth Circuit. A copy of the Emergency Motion for Stay Pending Appeal is here.

Brian Devine notes the argument ProtectMarriage.com has made for “irreparable harm” coming to them if same-sex couples are allowed to marry in the next week….

House Hard-core Hate-filled Homophobe Caucus Moves to Condemn Perry

By Teddy Partridge 13 August 2010 at 10:23am pacific

The hard-core homophobes in the House GOP caucus have revealed themselves, and they are a sorry lot indeed. These are the people American history books will cast into the dustbin: bigots, haters, the sorry folks who see civil rights as a zero-sum game. If you get your civil rights, I lose mine.

DENIED: Stay Lifted at 8/18 5pm

By Teddy Partridge 12 August 2010 at 12:41pm pacific

No marriages until August 18th at 5pm.

BREAKING NEWS: Judge Walker’s Prop 8 Stay Decision

By bmaz 12 August 2010 at 12:45pm pacific

The stay requested by DIs has been DENIED by the court, but will be kept in force until August 18 in order to give DIs a chance to apply for a stay from the 9th. The key language from the ruling:

None of the factors the court weighs in considering a motion to stay favors granting a stay. Accordingly, proponents’ motion for a stay is DENIED. Doc #705. The clerk is DIRECTED to enter judgment forthwith. That judgment shall be STAYED until August 18, 2010 at 5 PM PDT at which time defendants and all persons under their control or supervision shall cease to apply or enforce Proposition 8. It is so ordered.

I thought from the outset of the stay application that Judge Walker would deny it at the District level in order to force the 9th to get moving on the appeal quickly.

Couples Line Up at SF City Hall Awaiting Vaughn Walker’s Decision Today

By Teddy Partridge 12 August 2010 at 11:01am pacific

The City and County of San Francisco appears to be fully prepared to provide legal services at the Marriage Licenses window as soon as is possible.

Ruling on Stay Expected Today in Prop 8 Case

By David Dayen 12 August 2010 at 6:15am pacific

US District Court Judge Vaughn Walker will issue a ruling today on whether same-sex couples can immediately marry in California, or whether they will have to wait for the outcome of an appeal to his ruling overturning Proposition 8.

After issuing his initial ruling, Walker put in place a temporary stay, while both sides prepared arguments and appeals. But today, between 12pm and 3pm ET, Judge Walker will decide whether to lift that stay.

Regardless of the outcome, the defendant-intervenors in the case plan to appeal the ruling to the Ninth Circuit Court of Appeals. But if Walker lifts the stay, same-sex marriage would be legal in California, and couples would immediately have the right to join in legal unions.

The Stay Issue in the Perry Prop 8 Case

By bmaz 6 August 2010 at 7:16pm pacific

As pretty much every sentient being knows by now, Judge Vaughn Walker issued a groundbreaking decision finding California’s Proposition 8 ban on marriage equality to be fundamentally unconstitutional under both equal protection and due process considerations. The defendant-intervenors in the case, who are the dogmatic people supporting Proposition 8 and fighting against marriage equality, did not even wait for Walker’s verdict to be publicly issued before lodging their Motion For Stay Pending Appeal.

The same Wednesday afternoon as he publicly released his opinion, Judge Walker set an accelerated schedule for consideration of DI’s Motion For Stay.

Sunday Late NIght: Conjecture, Speculation, and Fears Are Not Enough

By Teddy Partridge 8 August 2010 8:01pm pacific

“Conjecture, speculation and fears are not enough.”
That’s my favorite quote among many from Judge Vaughn Walker’s opinion last week in Perry.

No Cardinal Mahony, Judge Walker Got It Right

By Peterr 7 August 2010 3:26pm pacific

Judge Walker was not placed on the bench to decide whether laws and conduct in the United States match up to the Bible, the Koran, the Torah, or other religious writings. His job is to measure the disputes that come to his courtroom against the laws and constitution of the United States of America.

Boies and Olson on the Rachel Maddow Show, from West Hollywood

By Teddy Partridge 4 August 2010 7:03pm pacific

[VIDEO] Successful Perry plaintiffs’ counsel David Boies and Theodore Olson speak about their victory today in federal court.

Prop 8, Luggage Handling, NARTH and David Blankenhorn

By Teddy Partridge 4 August 2010 7:41pm pacific

It’s as if today was the day Judge Vaughn Walker finally got to say to these idiots, “You made me sit through all this bullshit, that had nothing to do with the case, while I had to be polite because it’s my job. Well, here’s what I think of your case.”

AFER’s Chad Griffin: “Our Rights Are Fundamental”

By Teddy Partridge 4 August 2010 at 4:46pm pacific

[VIDEO] Great summary of today’s verdict by the executive director of the American Foundation for Equal Rights, which brought the Perry action to the federal courts and hired attorneys Theodore Olson and David Boies to win the case.

BREAKING NEWS: Court Overturns Prop 8; Joy for Marriage Equality; UPDATE: Stay Granted

By bmaz 4 August 2010 at 2:10pm pacific

Yesterday’s anticipation has turned into today’s joy. Judge Vaughn Walker of the United States District Court for the Northern District of California (NDCA) has issued his verdict and, as predicted, he has found in favor of Plaintiffs Kristin Perry, Sandra Steir et. al. The court, in a historic opinion and verdict, has declared California’s Proposition 8 to be unconstitutional:

Here is the full official decision and verdict.

The opinion is, again as predicted, extremely well written, consummately detailed, brilliantly structured and contains a foundation of extremely well supported findings of fact and conclusions of law. In short, Vaughn Walker has crafted as fine a foundational opinion as could possibly be hoped for, and one that is designed with the intent to withstand appellate scrutiny not just in the 9th Circuit, but in the Supreme Court as well.

Obviously this is but a step in the process because there will be appeals, and the case will, without question, go to the Supreme Court. But, that said, you could not ask for a better platform and posture for a case on this issue to go to the Supremes on. It is all that and more.

UPDATE: STAY GRANTED: “Defendant-intervenors (“proponents”) have moved to stay the court’s judgment pending appeal. Doc #705. They noticed the motion for October 21, 2010 and moved to shorten time. Doc #706. The motion to shorten time is GRANTED. Plaintiffs, plaintiff-intervenor and defendants are DIRECTED to submit their responses to the motion to stay on or before August 6, 2010, at which time the motion will stand submitted without a hearing unless otherwise ordered. The clerk shall STAY entry of judgment herein until the motion to stay pending appeal, Doc #705, has been decided. IT IS SO ORDERED. [signed] Vaughn R Walker, United States District Chief Judge” [end of document]

The Decision in the Prop 8 Trial: Walker Finds Gay Marriage Ban Unconstitutional

By David Dayen 4 August 2010 at 2:15pm pacific

CONCLUSION
Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. 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. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis,the court concludes that Proposition 8 is unconstitutional.

Prop 8 Perry v Schwarzenegger: We Won!

By Teddy Partridge 4 August 2010 at 2:15pm pacific

As was expected given the extraordinary lawyering and presentation of the facts on the case by Plaintiffs’ Counsel, as well as the clues aptly summed up by Bmaz last night, Judge Vaughn Walker ruled today that California’s Proposition 8 violates the civil rights of same-sex couples to enter into the fundamental American right to marry.

This case will surely be appealed to the Ninth Circuit Court of Appeals, should the rubes who fund the American Bigot-Protectors of Opposite Marriage cough up the money to pay a set of appellate attorneys to provide a new rationale for denying American couples to right to marry. [continued at the link]

BREAKING: Prop 8 Overturned

By Gregg Levine 4 August 2010 at 1:46pm pacific

Cheers heard on the live feed outside the SF courthouse.

New York Times has tweeted confirmation.

Vaughn Walker rules: “Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license.” Ruling enjoins enforcement of California’s Proposition 8.

Prop 8: Fighting about the Stay Already

By Marcy Wheeler Wednesday 4 August 2010 10:47am pacific

I would say that the fact that the sides are already arguing about whether people should have the right to marry in CA immediately–or only after the inevitable appeals–is another sign that Walker is going to rule for marriage equality today.

Expect a Win for Plaintiffs and Gay Marriage in Perry Prop8 Case

By bmaz Wednesday 4 August 2010 at 12:22am pacific

Here is what other media sources and blogs either do not know or won’t relate: the lead attorneys for the respective sides likely got courtesy copies from the court of Judge Walker’s draft opinion around 2 or 3 o’clock yesterday afternoon.

Prop 8 Trial Ruling Wednesday Between 1-3pm PDT

By Teddy Partridge Tuesday 3 August 2010 at 7:39pm pacific

Judge Vaughn Walker of the Ninth Circuit Court announced Tuesday that he will rule on the Prop 8 case (Perry v Schwarzenegger) on Wednesday, August 4, 2010. The ruling will be issued sometime between 1 and 3pm Pacific time and will not be read from the bench. Judge Walker’s ruling will be issued through the court’s electronic filing system, so it will be available to one and all at exactly the same time.

Perry v Schwarzenegger Prop 8 Decision Tomorrow

By bmaz, emptywheel Tuesday 3 August 2010 at 4:42pm pacific

On August 4, 2010, the court will issue its written order containing findings of fact and conclusions of law following the court trial held in January and June of this year. The order will be e-filed in the court’s Electronic Case Filing system, and will be immediately available thereafter through ECF and PACER. Visit www.cand.uscourts.gov for details on registering for PACER. There will be no court proceeding associated with the publication of the order.

Sunday Late Night: What Fools They Be

By Teddy Partridge Sunday 20 June 2010 at 8:01pm pacific

How, then, Ted Olson asked, can the expression of that protected private right result in the state’s withholding of the fundamental marital bond? It can’t. It especially can not when no harm has been shown, by the evidence.

Perry v. Schwarzenegger Prop 8 Closings Wrap Up

By bmaz Wednesday 16 June 2010 at 6:25pm pacific

[Judge Walker's questions and plaintiff and defendant answers are] the crux of one of the most significant and game changing trials that will occur in your lifetime. Yes, the case, with its broad civil rights and liberties implications is literally that significant. Thank you for the privilege folks!

Prop8 Liveblog: Ted Olson Brings Us Home

By Marcy Wheeler Wednesday 16 June 2010 at 3:13pm pacific

Olson: What is happening here. If it’s a fundamental right to marriage it’s strict scrutiny. Have to have a reason, not post hoc justification, not based on hypothetical, we don’t have that here. We have decision that takes a group of people who have been victims of discrimination, identifiable characteristics, We want to foreclose them from participating in most fundamental relationship in life. You’re discriminating against a group of people, you have to have a good reason for that. I submit, “I don’t know, and I don’t have to put evidence” to Mr. Cooper does not cut it when you’re taking away basic human rights and human dignity, when you don’t know why they’re a threat to your institution.

Liveblogging Prop 8 Trial Wednesday Afternoon 6/16 Closing Arguments – Part Four (52)

By Teddy Partridge Wednesday 16 June 2010 at 3:00pm pacific

Picking up Counsel Cooper and Judge Walker in their colloquy about immutability.
Cooper: Under SCOTUS’s description of political powerlessness, we believe that gays and lesbians pass most tests of deciding political power. The legal test from SCOTUS: does the group have the ability to attract the attention of lawmakers? The Ninth Circuit ruled 20 years ago that gays and lesbians are not politically powerless.
Walker: Isn’t that the most important factor?

Prop8 Liveblog: The Proponents Make Their Case

By Marcy Wheeler Wednesday 16 June 2010 at 1:06pm pacific

Cooper: NY Court of Appeals ruled in 2006, until very recently, only marriage between two sexes. MA “changed def of marriage as inherited from common law.” CA: From beginning of statehood, marriage between man and women. Why has marriage been defined as exclusively opposite sex. Makes marriage fundamental to very existence of human race. Court record makes it clear that marriage to channel potentially procreative sex into marriage to ensure that any offspring brought into family.
Walker: DO people get married to benefit the community?

Liveblogging Prop 8 Trial Wednesday Afternoon 6/16 Closing Arguments – Part Three (51)

By Teddy Partridge Wednesday 16 June 2010 at 1:03pm pacific

This afternoon, Charles Cooper will present the Closing Arguments for the Defendant-Intervenors and then David Boies will present the Plaintiffs’ rebuttal.

Liveblogging Prop 8 Trial Wednesday Morning 6/16 Closing Arguments – Part Two (50)

By Teddy Partridge Wednesday 16 June 2010 at 11:52am pacific

Teresa Stewart for the City and County of San Francisco.
Walker: Does the City and County of SF have standing to appeal?
Stewart: I believe we do.
Walker: Then Imperial County could also show reasons for an appeal?
Walker: Can you particularize the harm, specifically, to the city and county of SF?
Stewart: Stigma propounded by Prop 8, if it were no longer embedded in our constitution, would reduce the costs of our mental health system.

Prop 8 Liveblog: The City of SF Weighs In

By Marcy Wheeler Wednesday 16 June 2010 at 11:39am pacific

Therese Stewart: The fact that legislation costs govt money is not sufficient to make law unconstitutional. Court decision on public schools. Considered toll on children, but also role of education, basic tools. Serious harm that Prop 8 imposes on gay men and lesbians, their children, and cities. Support case that Prop 8 was born of animus. Laws that can’t be explained give rise to inference.
Walker: Show unique harm to SF.
Stewart: Both to SF and state.
Walker: Point out SF.

Prop 8 Liveblog: “June is the Month for Weddings”

By Marcy Wheeler Wednesday 16 June 2010 at 10:06am pacific

After all the lawyers introduce themselves, Walker says,”Well this is an impressive array of legal talent.” Then, explaining that the delay between the trial and the closing argument (caused in part by ACLU dispute over disclosure), he says the delay may be appropriate. “June is, after all the month for weddings.”If I were the defendant-intervenor team, I’m not sure I’d take that as a good omen. Olson up. State has changed constitution to take away right from these plaintiffs. [Con'd]

Liveblogging Prop 8 Trial Wednesday Morning 6/16 Closing Arguments (49)

By Teddy Partridge Wednesday 16 June 2010 at 8:52am pacific

Good morning from the Burton Federal Courthouse, San Francisco, Ceremonial Courtroom. We are awaiting the start of Closing Arguments today in Perry v Schwarzenegger, the landmark civil rights trial of the century, which will determine the constitutionality of Proposition 8, passed by Californians the same day Barack Obama was elected president. Prop 8 restricts marriage to one man and one woman, and is being challenged by two California same-sex couples who seek to marry, along with the American Foundation for Equal Rights. [Con'd]

Perry v Schwarzenegger Closing Arguments Wednesday 6/16: LIVE at FDL

By Teddy Partridge Tuesday 15 June 2010 at 3:16pm pacific

David Boies: Prop8 Trial Establishes as Matter of Fact that Marriage Equality Doesn’t Hurt Straight Marriage

By Marcy Wheeler Thursday 10 June 2010 at 12:08pm pacific

Prop 8 Trial Closing Arguments: Next Wednesday’s Schedule (6/16)

By Teddy Partridge Tuesday 8 June 2010 at 11:26am pacific

No 2010 Re-Vote; Judge Walker Wants to Close Evidence Record

By Teddy Partridge Tuesday 13 April 2010 at 12:14pm pacific

Backers of a 2010 ballot initiative to repeal the constitutional ban on same-sex marriage failed to gather enough signatures to qualify their initiative for the ballot. In Prop 8 trial news, Judge Vaughn Walker has notified trial participants that he intends to close the evidentiary record, and seeks comments on that intention by this Friday.

Liveblogging Perry v Schwarzenegger – Day 13

By Teddy Partridge Tuesday 16 March 2010 at 9:46am PDT

Judge Walker will hear an appeal of Magistrate Judge Spero’s order regarding disclosure of materials from anti-Prop 8 groups, specifically Equality California (EQCA) executive director Geoff Kors.

Sunday Late Night: You Can’t Turn the Lights Off

By Teddy Partridge Sunday 31 January 2010 at 8:01pm
Reflections on the trial, discrimination, and human rights by our own liveblogger.

Liveblogging Perry v Schwarzenegger – Day 12, Part 2

By Teddy Partridge Wednesday 27 January 2010 at 10:48am
David Boies’ cross examination of David Blankenhorn

Liveblogging Perry v Schwarzenegger – Day 12, Part 1

By Teddy Partridge Wednesday 27 January 2010 at 8:33am
Plaintiffs’ Counsel David Boies resuming his cross examination of Defendant-Intervenors’ Expert Witness David Blankenhorn.

Preview Day 12: Liveblogging Perry v Schwarzenegger

By Teddy Partridge Wednesday 27 January 2010 at 7:26am
Judge Vaughn Walker trying to finish up by noon. Plaintiffs’ Counsel David Boies will continue his cross-examination of Defendant-Intervenors’ expert witness David Blankenhorn.

Liveblogging Perry v Schwarzenegger – Day 11, Part 4

By Teddy Partridge Tuesday 26 January 2010 at 4:14pm
Cross examination of David Blankenhorn by David Boies

Liveblogging Perry v Schwarzenegger – Day 11, Part 3

By Teddy Partridge Tuesday 26 January 2010 at 1:10pm
While Judge Walker considers a motion to suppress (with cameras and sound off, courtroom cleared) and has lunch, we wait to resume at approximately 1:10 pm pacific time, presumably with Defendant-Intervenors’ Expert Witness David Blankenhorn.

Liveblogging Perry v Schwarzenegger – Day 11, Part 2

By Teddy Partridge Tuesday 26 January 2010 at 11:11am
Boies indicated that he is going over the time he told D-I counsel he would need, saying that he needs more succinct Yes/No answers to his questions. At that point, D-I Counsel David Thompson asked for a break due to the excessively long cross examination tiring out the witness.

Liveblogging Perry v Schwarzenegger – Day 11, Part 1

By Teddy Partridge Tuesday 26 January 2010 at 8:35am
Plaintiffs’ Counsel David Boies continues his cross examination of Defendant-Intervenors’ Expert Witness Kenneth Miller. Then D-I Counsel David Thompson conducts redirect of Miller. After that, we’ll see David Blankenhorn testify for the D-Is.

Preview Day 11: Liveblogging Perry v Schwarzenegger

By Teddy Partridge Tuesday 26 January 2010 at 12:05am
Tuesday, Plaintiffs’ Counsel David Boies will continue his cross examination of Defendant-Intervenors’ Expert Witness Kenneth Miller. Then D-I Counsel David Thompson will conduct redirect of Miller. After that, we’ll see David Blankenhorn testify.

Liveblogging Perry v Schwarzenegger – Day 10, Part 4

By Teddy Partridge Monday January 25, 2010 at 3:54pm
Continuing David Boies’ cross examination of Defendant-Intervenors’ Expert Witness Dr. Kenneth Miller at ten minutes before the hour.

Liveblogging Perry v Schwarzenegger – Day 10, Part 3

By Teddy Partridge Monday January 25, 2010 at 12:41 pacific
We continue after lunch (1:10pm pacific) with the direct examination of Defendant-Intervenors’ Expert Witness Dr Kenneth Miller by D-I Counsel David Thompson.

Liveblogging Perry v Schwarzenegger – Day 10, Part 2

By Teddy Partridge Monday January 25, 2010 at 10:42am
Continuing presentation of Plaintiffs’ exhibits into evidence by Dousseau, objections by the always attentive Ms Moss.

Liveblogging Perry v Schwarzenegger – Day 10, Part 1

By Teddy Partridge Monday January 25, 2010 at 8:34am
Today the Plaintiffs’ Counsel has advised they will play about 90 minutes of video before resting their case. We may see some fireworks, too, since D-Is advised on Saturday morning that they play to call Frank Schubert, of Schubert Flynt Consulting, the campaign manager for Proposition 8.

Preview Day 10 – Perry v Schwarzenegger

By Teddy Partridge Monday January 25, 2010 at 7:34
The federal trial over the unconstitutionality of Proposition 8 will continue Monday, January 25 at 8:30 am. Before resting their case, the plaintiffs will present documents and videos that reinforce points made during the first two weeks of trial.

Liveblogging Perry v Schwarzenegger – Day 9, Part 4

By Teddy Partridge Friday January 22, 2010 at 3:28pm
Cross of Plaintiffs’ Expert Witness Gary Herek by Plaintiffs Counsel Detmer.

Liveblogging Perry v Schwarzenegger – Day 9, Part 3

By David Dayen Friday January 22, 2010 at 1:23pm
Picking up with the cross-examination of Dr. Herek by defense counsel Detmer.

The line of questioning in the cross has gone toward trying to prove that sexual orientation is variable and ambiguous, and so calling gays and lesbians a “suspect class” is suspect, because the definition is so wanting. In doing so, the defense has to ignore the preponderance of the evidence and focus on sentence fragments or things like the Kinsey Report.

Prop 8 Trial Closing Arguments Delayed

By Teddy Partridge Friday January 22, 2010 at 1:22pm
Judge Vaughn Walker announced today that he would prefer that both sides in the Prop 8 trial delay their closing arguments –”perhaps for a matter of weeks” — in order to allow him to review all of the evidence, testimony, and exhibits that have been presented.

Liveblogging Perry v Schwarzenegger – Day 9, Part 2

By David Dayen Friday January 22, 2010 at 10:50am
The majority in California took away rights from a suspect class based on animus. This strikes to the heart of the Constitutionality.

Liveblogging Perry v Schwarzenegger – Day 9, Part 1

By Teddy Partridge Friday January 22, 2010 at 8:21am
Last Plaintiffs’ Expert witness will testify today: Gregory M. Herek, Ph.D. a Professor of Psychology at the University of California at Davis.

Prop 8 Supporter: The Internets Made Me Do It

By Lisa Derrick Friday January 22, 2010 at 6:55am
Prop 8 supporter Tam believes believes there is an alleged link between homosexuality and pedophilia and why? Because the internets told him so.

Preview Day 9: Liveblogging Perry v Schwarzenegger

By Teddy Partridge Thursday January 20, 2010 at 10:36pm
For the Plaintiffs: Gregory M. Herek, Professor of Psychology at the University of California Davis, on sexual orientation, benefits of marriage, stigma and prejudice

Liveblogging Perry v Schwarzenegger – Day 8, Part 4

By Teddy Partridge Thursday January 21, 2010 at 4:50pm
David Boies begins re-direct of Plaintiffs witness (and asked-to-be-withdrawn defendant-intervenor Dr William Tam.

McCain: “I’m Not Henpecked”

By Lisa Derrick Thursday January 21, 2010 at 4:13pm
Poor John McCain – First his daughter comes out as a supporter of civil marriage equality in an ad–oh those zany kids. But now his wife!?

Liveblogging Perry v Schwarzenegger – Day 8, Part 3

By Teddy Partridge Thursday January 21, 2010 at 1:32pm
Plaintiffs will call Dr William Tam who is a supporter of Prop 8. It looks like David Boies will examine.

Clarence Thomas and Anti-Gay Fearmongering

By Marcy Wheeler Thursday January 21, 2010 at 12:34pm
Adam Bonin notes this curious, short opinion in the larger Citizens United decision endorsing the idea that ballot supports should not have to reveal their identities. As it happens, as we speak, the Prop 8 plaintiffs have pretty much debunked the claims that Prop 8 supporters are getting harassed at greater rates than Prop 8 opponents.

The Gathering Storm Video: In Case You Forgot

By Teddy Partridge Thursday January 21, 2010 at 11:46am
I wanted to refresh everyone’s memory about “The Gathering Storm” which came after the Prop 8 campaign, because Prof Segura talked about how it portrays gays and lesbians as deeply threatening to those who oppose same sex marriage.

Liveblogging Perry v Schwarzenegger – Day 8, Part 2

By David Dayen Thursday January 21, 2010 at 9:58am
Defense says they may have another hour of cross-examination testimony.

Liveblogging Perry v Schwarzenegger – Day 8, Part 1

By David Dayen Thursday January 21, 2010 at 8:26am
Today we’re going to begin with the remainder of cross-examination of Stanford political science professor Gary Segura, with D-I attorney Mr. Thompson doing the questioning.

Dealing with Reluctant Preachers in the Prop 8 Trial

By Peterr Wednesday January 20, 2010 at 9:18pm
I’m a pastor, not a lawyer, but I don’t see anything in those filings that would justify any motion based on First Amendment “freedom of religion” claims, and several points that contradict it.

Liveblogging Perry v Schwarzenegger – Day 7, Part 4

By Teddy Partridge Wednesday January 20, 2010 at 3:14pm
Defendant-Intervenors’ Counsel Thompson continues his cross-examination of Plaintiffs’ Expert Witness Professor Gary Segura.

Prop 8: Court Testimony Agrees Obama Not Reliable Fierce Advocate for LGBT Community

By Teddy Partridge Wednesday January 20, 2010 at 1:43pm
If LGBTs are an interest group whose civil rights can be so casually set aside, and if we stand for it without complaint or challenge — why would anyone fight on our behalf?

Liveblogging Perry v Schwarzenegger – Day 7, Part 3

By David Dayen Wednesday January 20, 2010 at 1:05pm
Headed back with the rest of Gary Segura’s testimony. I believe there will be a bit more direct examination before cross. Judge Walker gets us back in session. He asks someone from plaintiff and D-I team to visit Judge Spiro’s court for another ruling.

Sassy Parody and Cindy McCain against Hate

By Marcy Wheeler Wednesday January 20, 2010 at 12:19pm
Protect Marriage has just sued the Courage Campaign for what it says is trademark infringement.

Cindy McCain Joins Anti-Prop 8 Campaign

By David Dayen Wednesday January 20, 2010 at 12:17pm
Cindy McCain – the wife of Sen. John McCain – has agreed to be photographed for a campaign protesting California’s Proposition 8.

Liveblogging Perry v Schwarzenegger – Day 7, Part 2

By Teddy Partridge Wednesday January 20, 2010 at 9:45am
Boies to examine Ryan Kendall who will testify to his personal experience at having been forced into “conversion” therapy by his parents when he came out to them as gay.

Liveblogging Perry v Schwarzenegger – Day 7, Part 1

By David Dayen Wednesday January 20, 2010 at 8:24am
Plaintiffs continue their case with testimony from Ryan Kendall, who apparently will talk about trying to be converted by the ex-gay movement.

ProtectMarriage’s Andy Pugno: Marriage Is Like Prison

By Teddy Partridge Wednesday January 20, 2010 at 8:46am
Prisons are segregated by gender, so that means gay marriage is out, apparently.

Liveblogging Perry v Schwarzenegger – Day 6, Part 4

By David Dayen Tuesday January 19, 2010 at 2:56pm
Just a note about the amazing sophistry going on here. Cooper wants to discredit Badgett as a witness. So he’s just playing around with her numbers and strongly suggesting that they aren’t accurate.

Liveblogging Perry v Schwarzenegger – Day 6, Part 3

By David Dayen Tuesday January 19, 2010 at 1:43pm
We return to defense counsel Cooper cross-examining Prof. Badgett.

Liveblogging Perry v Schwarzenegger – Day 6, Part 2

By Teddy Partridge Tuesday January 19, 2010 at 10:38am
Resuming after break with Dr Badgett being examined by David Boies.

Liveblogging Perry v Schwarzenegger – Day 6, Part 1

By Teddy Partridge Tuesday January 19, 2010 at 10:14am
San Diego’s Mayor Jerry Sanders

Prop 8 Trial – Tuesday January 19 Witness Preview

By Teddy Partridge Monday January 18, 2010 at 9:35pm
Plaintiff witnesses: San Diego Mayor Jerry Sanders, Dr. M.V. Lee Badgett, and Ryan Kendall

Prop 8 Trial: A Tale of Two Lawyers

By Marcy Wheeler Monday January 18, 2010 at 2:29pm
The lawyers arguing the case: for the Defendant-Intervenors, David Thompson, and for the Plaintiffs, Matthew McGill – both are highly intelligent, which is why the difference in their questioning of Professor Michael Lamb was so striking to me.

San Diego Mayor to Testify Tuesday in Prop 8 Trial

By Teddy Partridge Saturday January 17, 2010 at 1:19pm
Mayor Sanders will testify Tuesday for the Plaintiffs.

Prop 8 Defendants: Pierce’s Idiot America, Volume Two

By Peterr Saturday January 16, 2010 at 9:00am
“Be afraid!” is not a constitutionally powerful argument that will carry much weight with a judge.

Prop 8 Press Conference Follies

By Teddy Partridge Friday January 15, 2010 at 8:40pm
In which Teddy gets the lights and cameras turned off because he wants to ask a question and the bigots’ side doubts he’s ‘media.’

Liveblogging Perry v Schwarzenegger – Day 5, Part 5

By Marcy Wheeler Friday January 15, 2010 at 4:26pm
Raum crossexamines Zia.

Liveblogging Perry v Schwarzenegger – Day 5 Part 4

By Marcy Wheeler Friday January 15, 2010 at 3:07pm
The advantage of a bench trial is the judge can decide how much weight to give any testimony, and it does appear that her evidence is being offered on issues that have been raised by experts so far in this trial

Prop 8 Trial Perspective

By Teddy Patridge Friday Jaunuart 15, 2010 at 2:11pm
Is Thompson playing to his anti-science funders?

Liveblogging Perry v Schwarzenegger – Day 5, Part 3

By Marcy Wheeler Friday January 15, 2010 at 1:05pm
Scheduling of expert witnesses. Walker and Thompson question Lamb.

Liveblogging Perry v Schwarzenegger – Day 5, Part 2

By Marcy Wheeler Friday January 15, 2010 at 11:11am
Thompson questioning Lamb on gender identity and parenting.

Liveblogging Perry v Schwarzenegger – Day 5, Part 1

By Marcy Wheeler Friday January 15, 2010 at 8:55am
I think they’re going to argue about some sealed documents this morning, then have testimony from Michael Lamb on gay and lesbian parenting.

Preview of Friday’s Prop 8 Trial Testimony

By Teddy Partridge Friday January 15, 2010 at 8:19am
Lamb on parenting, Zia on discrimination, Badgett on impact of same-sex marriage on the marriages of different-sex couples

Liveblogging Perry v Schwarzenegger – Day 4, Part 4

By Teddy Partridge Thursday January 14, 2010 at 3:03pm
Cross examination of expert witness Dr Ilan Meyer

The Private Hell of an Inauthentic Life

By Teddy Partridge Thursday January 14, 2010 at 2:55pm
Imagine not ever using the word ‘husband’ or ‘wife’ to describe the person to whom you’re married and have a family.

Mommy When I Grow Up Can I Get Domestic Partnered?

By Teddy Partridge Thursday January 14, 2010 at 1:51pm
What child is ever going to say, “I want to be civil unioned and live happily ever after!”

Liveblogging Perry v Schwarzenegger – Day 4, Part 3

By Marcy Wheeler Thursday January 14, 2010 at 1:06pm
Dr. Ilan Meyer sworn in.

Liveblogging Perry v Schwarzenegger – Day 4, Part 2

By Marcy Wheeler Thursday January 14, 2010 at 11:02am
Continuing the cross-examination of Edwin Egan, Chief Economist for SF, testifying on the revenues associated with same sex marriage for the city.

Air America Interview, Teddy Partridge: Transcript

By egregious Thursday January 14, 2010 at 9:24am
Video and transcript from The Nicole Sandler Show, January 13, 2010

Liveblogging Perry v Schwarzenegger – Day 4, Part 1

By Marcy Wheeler Thursday January 14, 2010 at 8:48am
Egan first witness. Chief Economist of SF.

A Preview of Thursday’s Prop 8 Testimony

By Teddy Partridge Thursday January 14, 2010 at 7:54am
Egan on costs, Meyer on stigma, Zia on effects of discrimination

Liveblogging Wrapup: Deep Thoughts on Prop 8 Trial

By Teddy Partridge Wednesday January 13, 2010 at 9:00pm
Behind the scenes at the Perry v. Schwarzenegger trial, and why it all matters

Liveblogging Perry v Schwarzenegger – Day 3, Part 4

By Marcy Wheeler Wednesday January 13, 2010 at 4:42pm
Moss introduces Netherlands data; Peplau

Supreme Court Blocks Public from Watching Prop 8 Trial

By David Dayen Wednesday January 13, 2010 at 3:01pm
Bmaz reports that the Supreme Court, in a 5-4 decision along ideological lines, has ruled to uphold the stay on public broadcasts of the Prop 8 trial. That includes the YouTube broadcasts as well as the simulcasts to other courtrooms around the country.

Supreme Court Blocks Video Coverage of Prop 8 Trial

By Bmaz Wednesday January 13, 2010 at 2:44pm
On Monday morning, the Supreme Court entered a stay order halting the live video feed of the groundbreaking Proposition 8 trial to other Federal courthouses as well as the delayed release of video clips from the trial via YouTube.

Liveblogging Perry v Schwarzenegger – Day 3, Part 3

By Marcy Wheeler Wednesday January 13, 2010 at 1:43pm
Expert testimony – Peplau

Liveblogging Perry v Schwarzenegger – Day 3, Part 2

By Teddy Partridge Wednesday January 13, 2010 at 11:41am
Continuing cross examination of Chauncey, plantiffs’ witness

Liveblogging Perry v Schwarzenegger – Day 3, Part 1

By Teddy Partridge Wednesday January 13, 2010 at 8:43am
Thompson cross examining Chauncey

Liveblogging Perry v Schwarzenegger – Day 2, Part 3

By Teddy Partridge on Tuesday January 12, 2010 at 2:16pm
Chauncey for the plaintiffs

Liveblogging Perry v Schwarzenegger – Day 2, Part 2

By Teddy Partridge on Tuesday January 12, 2010 at 11:00am
Thompson cross examines Cott

Liveblogging Perry v Schwarzenegger – Day 2, Part 1

By Teddy Partridge on Tuesday January 12, 2010 at 8:45am
Boutrous questions Cott, author of Public Vows

Gay Rights Groups Praise First Day of Testimony

By David Dayen on Tuesday January 12, 2010 at 7:53am
Rights groups call on Obama DoJ to submit amicus brief

SCOTUS Scuttles Prop 8 Video Coverage: History

By Bmaz on Monday January 11, 2010 7:49pm
The history behind the denial

Liveblogging Perry v Schwarzenegger – Day 1, Part 6

By Teddy Partridge on Monday January 11, 2010 3:20pm
Plaintiff attorney Boutrose will question Nancy Cott

Liveblogging Perry v Schwarzenegger – Day 1, Part 5

By Teddy Partridge on Monday January 11, 2010 2:36pm
Roth cross exam, ProtectMarriage ad

Liveblogging Perry v Schwarzenegger – Day 1, Part 4

By Teddy Partridge on Monday January 11, 2010 11:30am
Cooper up, then Boies

SCOTUS: Gay Rights Advocates Respond

By David Dayen on Monday January 11, 2010 9:42am
Gay Rights Advocates React with Disappointment to SCOTUS Ruling Blocking Video of Prop 8 Trial

Liveblogging Perry v Schwarzenegger – Day 1, Part 3

By Teddy Partridge on Monday January 11, 2010 9:17 am
Judge Walker is now addressing the court with regard to the televising stay.

Liveblogging Perry v Schwarzenegger – Day 1, Part 2

By Teddy Partridge on Monday January 11, 2010 8:43 am
Lawyers are settling into their places; it’s 8:38 here. Perhaps the SCOTUS stay has delayed our start here? Twitterers casting the SCOTUS stay as “the first loss for the Olson/Boies team.”

Liveblogging Perry v Schwarzenegger- Day 1, Part 1

By Teddy Partridge on Monday January 11, 2010 8:27 am
Good morning – I am in the John Burton courthouse, ceremonial courtroom, on the 19th floor, in the overflow room awaiting the start of the federal trial challenging California’s Prop 8 which stripped same-sex couples of their marriage equality.

Breaking: US Supreme Court Blocks Broadcast of Prop 8 Trial

By Gregg Levine Monday January 11, 2010 8:26 am
Per MSNBC—The United States Supreme Court has overruled Judge Vaughn Walker, moving to prevent cameras from recording the proceedings in Perry v. Schwarzenegger for later-in-the-day distribution on YouTube.

Perry vs. Schwarzenegger – A Preview

By David Dayen on Monday January 11, 2010 5:56 am
Good morning! Today begins the case of Perry v. Schwarzenegger in US District Court in San Francisco, the beginning of a process that will most likely end up in the Supreme Court, and which could be the vehicle to deliver marriage equality rights to the United States.

Libby II: FDL Goes to the Prop 8 Trial in San Francisco

By Jane Hamsher on Friday January 8, 2010 11:32 am
Judge Vaughn Walker has announced that the Prop 8 trial will begin in San Francisco on Monday, January 11. Bush/Gore 2000 adversaries David Boies and Ted Olson will team up for what is sure to be both a dramatic and historic challenge to California’s Proposition 8 ban on same-sex marriage, Perry v. Schwarzenegger.

Please Write Letters! Open the Prop 8 Trial to Cameras

By Teddy Partridge on Tuesday January 5, 2010 5:20 pm
Judge Vaughn Walker set a very short comment period for the public to weigh in on whether cameras should be permitted in his federal courtroom for the Boies/Olson challenge to Proposition 8 here in San Francisco.

With your help, we’re supporting Marcy Wheeler, Bmaz, David Dayen, and Teddy Partridge as they provide historic coverage of the Prop 8 trial.

» Please donate today to help us cover the Prop 8 Trial

Trial Highlights

Supreme Court Blocks Public from Watching Prop 8 Trial
David Dayen, January 13, 2010
Prop 8 Trial: A Tale of Two Lawyers
Marcy Wheeler, January 18, 2010
ProtectMarriage’s Andy Pugno: Marriage Is Like Prison
Teddy Partridge, January 20, 2010
Prop 8 Trial Closing Arguments: Next Wednesday’s Schedule (6/16)
Teddy Partridge, June 8, 2010

Court Documents

California Attorney General Jerry Brown’s Opposition to Stay
Governor Schwarzenegger’s Administration’s Opposition to Stay
Plaintiff Perry and City of San Francisco’s Joint Opposition to Stay
FINAL VERDICT HERE 4 August 2010
Motion to Stay 3 August 2010
NEW: TRIAL TRANSCRIPTS HERE
SCOTUS Blocks Video Broadcast (pdf) Jan 13
SCOTUS Order: No Video Recording (pdf) Jan 11
Loving v. Virginia: Oral Arguments
Plaintiff’s Trial Witness List (pdf)

The American Foundation for Equal Rights, the group organizing the legal challenge to Proposition 8 led by former Bush v. Gore adversaries Theodore Olson and David Boies, has a number of resources on the case: