Firedoglake Covers the Prop 8 Trial

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.

Latest on Prop 8:

Breaking news: Perry Prop 8 Stay Granted by 9th Circuit

By bmaz 16 August 2010 at 3:55pm pacific

Well, I thought there was a very good chance that there would be an accelerated briefing and consideration if there was to be consideration on the merits. And there will be consideration on the merits, even if it is concurrent with consideration of the standing issue (here is a very good and detailed discussion of the standing issues and law).

This is a bit of a new wrinkle and, safe to say, gives more life to Proponents/Appellants than many people were giving them recently. And it appears there will be oral argument in San Francisco during the second week of December. Now the next question is what panel for the merits will the appeal be handed to – will it be Wardlaw, Fisher and Berzon – or will it be a new panel? Time will tell, and we should know that very soon. Exciting!

STAY GRANTED: New Expedited Schedule, Must Address Standing Issue

By Teddy Partridge 16 August 2010 at 3:53pm pacific

No marriages this week, it appears….

H8ers Ask CA Gov and AG: Defend Prop 8

By Teddy Partridge 16 August 2010 at 3:18pm pacific

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.

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Trial Highlights

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
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

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: