The 9th Circuit has announced that they will televise the prop 8 appeal hearings. You may remember that Judge Walker attempted to televise the original Prop 8 trial and was supported by the 9th Circuit, but was prevented by the US Supreme Courtafter the Defendants claimed "harassment, economic reprisal, threat and even physical violence" might be visited upon those who testified for Proposition 8.
This, and the trial schedule, after the fold.
Personally, I see this tentatively as a good sign. The fact that the 9th Circuit is willing to televise the hearing is an indication that they never agreed with the Defenders that the trial was too sensitive to broadcast (and indeed they supported Walker's decision to broadcast the trial. It was overtuned at the SCOTUS level, not at the circuit level). Certainly the gays and lesbians who were brave enough to take the stand were willing to face "harassment, reprisal, or violence" in order to make their claim for Equality. And it is without question that the courtroom demenor of Olson and Bois is much more available to someone watching it than the less telegenic Defenders (In all honestly, it may be that I find the logic of the Olson/Bois team to be clear and honest, while the Defenders seem to be disengenuous and relying on slippery slope arguments to win their case.). It appears the 9th Circuit is setting a stage to get public buy-in on their decision, and while in theory the SCOTUS doesn't care what the 9th does if they choose to overrule, it may have an impact.
More certainly, a well-run appeals trial will have an impact on those who watch. No doubt pertinent clips will be broadcast and re-broadcast throughout the television sphere and the blogsphere. Making fools of anti-equality advocates is always fun, but destroying their pitiful arguments in a courtroom has power. This is a legal challenge, but it is also a battle for hearts and minds.
TRIAL SCHEDULE
The data below is also from the wonderful Prop 8 Trial Tracker. The appeal will be December 6th. As noted above, it will be broadcast by C-SPAN (who will act as pool-feed). Other (local) networks have already expressed an interest in the broadcast.
The trial is actually two separate trials. The first is a determination of standing:
Filed clerk order (Deputy Clerk:KKW): The Court orders that oral argument in these appeals be conducted in the following manner: The argument shall be divided into two hour-long sessions, with a brief recess in between. In the first hour, the parties shall address each appellant’s standing and any other procedural matters that may properly be raised. In the second hour, the parties shall address the constitutionality of Proposition 8.
It is unsettling that after weeks of the Prop 8 trial, this will be a single day, but such is the way with appeals.
As a final note, I leave you with a statement from the brief that Ted Olson and David Bois filed with the 9th Circuit:
"Fourteen times the Supreme Court has stated that marriage is a fundamental right of all individuals. This case tests the proposition whether the gay and lesbian Americans among us should be counted as ‘persons’ under the 14th Amendment, or whether they constitute a permanent underclass ineligible for protection under that cornerstone of our Constitution."
That is what it's all about right there.