The Prop 8 Court Case: Live Bloggers and Tweeters to Cover Hearing

Today began the incredibly unique "trial of gay marriage" as the odd-couple lawyer duo of Theodore Olson and David Boies are representing two gay couples who have filed a lawsuit seeking to overturn California's Proposition 8. In Prop. 8's corner is a religious coalition called Protect Marriage, represented by attorney Charles Cooper.

Chief U.S. District Judge Vaughn Walker is hearing arguments on whether Prop. 8:

violates the constitutional guarantee of equal protection by discriminating on the basis of sexual orientation and gender, or whether it validly reserves marital status for those who can naturally conceive children.

Judge Walker was going to allow live streaming of the hearing, and post videos of the hearing on YouTube until the U.S. Supreme Court, acting on an appeal by the defenders of Prop 8., put a halt to the plan until they had time to further consider the issue. (You would think they would want more publicity for their arguments not less.)

So instead of being able to watch the hearings yourself you can read about them from the many different live bloggers covering the hearing.

Teddy Partridge at FireDogLake is living blogging. Rick Jacobs is covering the trial for Courage Campaign Institute. There's also The San Jose Mercury News which is also updating its story on its website.

On Twitter many people are live tweeting the trial. Dan Levine, a reporter for legal news publication The Recorder can be followed @FedcourtJunkie. Also NCLR's Ilona Turner @ilona, The Advocate @TheAdvocateMag, American Foundation for Equal Rights, @AmerEqualRights , and the ACLU of Northern California @ACLU_NorCal are all live tweeting.

Some early coverage by Teddy Patridge at FireDogLake:

[Attorney Charles Cooper, arguing for Protect Marriage]: Against this backdrop, not just once but in the passage of Prop 8 and Prop ??? Calfironians have drawn the line at marriage. Among those who has drawn that line? President Obama. (quotes Obama, thanks, dude) "I consider marriage to be between a man and a woman."

[Judge] Walker: If the Prez's parents had been in Virginia when he was born, their marriage would have been unlawful. Doesn't that show a TREMENDOUS change in the institution of marriage? doesn't that show evolution? Isn't that correct?

Cooper: Racial restrictions were never a feature of the institution of marriage. (laughter in our courtrtoomm)

Judge Walker denies a motion to add into evidence the anti-gay marriage ad "Gathering Storm." (You can view the video here.)

[David Boies, attorney for the gay couples]: Next exhibit, number 350, Gathering Storm.

(Watertiger's favorite video!!)

Defense: This was in 2009, after the campaign.

Walker: Boies, relevance?

B: Continued campaign against gay people, portraying them as a threat, part of a pattern of discrimination. This may be even more relevant.

B: In a campaign, they might have an excuse, but the only purpose of this video is to demonize gay people as a threat or having an agenda.

Walker: Can you link to Prop 8?

Boies: Need a moment; video produced by National Organization for Marriage, a big supporter of Prop 8. We must not distinguish between the Official Campaign and the ongoing discrimination against gay people.

Defense: Doesn't refer to Prop 8 in the ad.

Walker: Sufficiently tenuous, other ways to establish homophobia without using a video produced by an organization not party to the suit.

SUSTAINED

The Equal Rights Foundation has also posted the entirety of Ted Olson's prepared opening statement.