Same-sex marriage trial to be shown on C-SPAN

9th Circuit Court of Appeals -- C-SPAN television

San Francisco, CA

By Henry K. Lee, Chronicle Staff Writer
November 19, 2010

A hearing in San Francisco next month on the constitutionality of Proposition 8, California's ban on same-sex marriage, will be televised on C-SPAN, a federal appeals court has decided.

The cable station will carry the Dec. 6 hearing before the Ninth U.S. Circuit Court of Appeals live. Prop. 8 supporters are asking the court to overturn Chief U.S. District Judge Vaughn Walker's ruling in August that found the 2008 measure unconstitutional.

Same-sex marriage advocates and attorneys fighting the ban praised the appeals court's decision Thursday.

The stellar legal team led by Theodore B. Olson and avid Boies will defend what we proved conclusively in Federal District Court: marriage is a fundamental right; denying that right to gay and lesbian Americans harms them and their families; when couples can marry, they and their children benefit at no one’s expense.

The federal distict court affirmed our argument: "Because California has no interest in discriminating against gays and lesbians…the court concludes that Proposition 8 is unconstitutional."

American Foundation for Equal Rights attorneys will argue that the district court was correct when it found that discrimination against gay and lesbian Californians violates the U.S. Constitution's guarantee of equality under the law. Denying gay and lesbian Americans the freedom to marry relegates them to a second-class status.

9th Circuit Court of Appeals sets date and schedule for Prop 8 hearing


The hearing will be divided into two hour-long sessions, with a brief recess in between.

The first hour will be solely allocated for both sides to address the other's "standing", as well as any relevant "procedural issues" either party may have. The second hour will focus on the measure's constitutionality, whether banning gays from marrying in the state effectively infringes on their equal rights, as defined by the State's Constitution.

From the court:

During the first hour, the Hollingsworth defendants-intervenors-appellants (“Proponents”) shall first have 15 minutes, and the Imperial County movants-appellants shall next have 15 minutes in which to present their opening arguments regarding standing and other procedural issues. The Perry plaintiffs-appellees shall then have 30 minutes in which to respond. Any time reserved by either appellant may be used for rebuttal, but only one rebuttal argument may be made and that by either appellant.

During the second hour, the Proponents shall first have 30 minutes to present their opening argument on the merits of the constitutional question. The Perry plaintiffs-appellees shall then have 15 minutes, and the plaintiff-intervenor-appellee City and County of San Francisco shall have the next 15 minutes, in which to respond. Any time reserved by the Proponents may be used for rebuttal.

Viewers’ Guide to Prop 8 argument December 6

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