Posted by
Terry Paulson on Tuesday, January 12, 2010 9:29:53 AM
Thankfully, the Supreme Court has intervened to provide a temporary stay on broadcasting the federal court proceedings on the Constitutionality of California's gay marriage ban approved by voters in 2008. I hope that they sustain that stay to minimize the possible intimidation that could result.
The continuing debate over same-sex marriage is not going away soon; it is a hotly contested issue worthy of debate. But the decision to selectively televise the federal court proceedings in this case is chilling. The decision was described as an opportunity for the public to follow this important issue. But allowing this trial to be broadcast leaves anyone supporting or defending this ban subject to the death threats, home demonstrations and intimidation that has already occurred to those sponsoring and defending Proposition 8.
Although Gov. Arnold Schwarzenegger and Attorney General Jerry Brown are listed as defendants, they were opposed to the ban and have refused to defend the public's proposition in court. Facing additional attacks, one lawyer has already asked to be taken off the defense position to protect his family. The coalition of conservative and religious groups led by Charles Cooper should be praised for their courage to rise to the challenge of making the case for the majority of California citizens who supported this position. They should not have to face the additional threats that public videotapes would create.
Inciting passions on this issue by videotaping the proceedings and letting Americans follow it on YouTube would not help the thoughtful consideration of the Constitutionality of this case. Like other cases, reporters can follow the proceedings without putting those involved or called to testify in danger.
I would feel the same way if they ever chose to videotape court proceedings regarding doctors providing late-term abortions. Such intimidation threatens our justice system fair deliberation. The judges disappointment in the Supreme Court's temporary stay speaks volumes his bias in this case. This case may very well be headed to the U.S. Supreme Court soon.