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Prop 8 Tape

imageProponents of California’s Proposition 8 which revoked the rights of LGBT citizens to marry filled a motion in the 9th Circuit court to have all of the video recordings that were made during the trial returned after retiring Judge Vaughn Walker used a 2 minute clip of the trial in a lecture at the University of Arizona on cameras in the court. The lecture was later broadcast on C-Span.

Proponents claim that Walker violated the court seal that he placed on the recordings as well as the Supreme Court’s ban on broadcasting of the tapes.

Walker responded by explaining how he used the clip and that he felt he did not violate the orders but would return the tapes if so requested.

On the same day that the House held their anti-gay propaganda hearing in DC, Olsen and Boise submitted a motion stating that the tapes were part of the public record and should be released.

Now, the Associated Press, along with 12 other news and media organizations have also filed a motion asking for the video to be released.

One has to wonder if the Prop 8 proponents are kicking themselves for even bringing it up. As Alex Blaze at the Bilerico Project states…

What is interesting to me is that the trial wasn't supposed to be broadcast and there was a large fracas made about not letting video get out back when the trial was happening last year. The Supreme Court's ruling against broadcasting the trial has expired, so what Walker did is legal.

But with the AP is asking for the tapes just now, just after the right filed to have them taken away from Walker, I have to wonder: did the AP, et al., just find out that video existed as a result of the Walker being asked to hand over the tapes?

If so, perhaps they should have remained content to see two minutes of those tapes used college presentations about courts.

Proponents claim that if the video is made available to the public that the witnesses could be put in jeopardy; and while LGBT folks are beaten and murdered almost on a daily basis in this country for simply being who they are, proponents have not been able to provide any proof that any such threat actually exists.

The only conclusion I can really come to is that what proponents are really afraid of is that evidence that their desire to strip LGBT’s of our right to marriage is based solely on discrimination and religion, with no rational merit, will get out into the hands of the public. A public that they are starting to loose.