Releasing the Tapes of the Prop 8 Trial
"People in an open society do not demand infallibility in their institutions, but it is difficult for them to accept what they are prohibited from observing" - Former Chief Justice Warren Burger, Richmond Newspapers v. Virginia, 1980
Former U.S. District Judge Vaughn Walker, who presided over the trial on the constitutionality of California's Proposition 8, the ballot measure that banned same-sex marriage, recently used some of the video that was taken during the case as part of a lecture. The proponents, a.k.a. supporters of Prop 8/opponents of gay marriage, immediately took great offense and sent what was essentially a cease and desist order that demanded the return of all the copies of the tapes, Walker's and anyone else who had them.
In response, Ted Olson and David Boies, the legal tour de force trying to lift the gay marriage ban, filed a request that the tapes be unsealed and released to the public. After all, the trial is a matter of public record and the transcripts are freely available.
Originally, the trial was going to be broadcast live, but the proponents felt like this might scare some of their witnesses away, and so they demanded that it not be broadcast. Judge Walker taped it, but didn't release the tapes, to the great disappointment of the men and women across the country who wanted to see the greatest trial of the greatest civil rights battle of our time.
No one can really blame the proponents for not wanting to have video footage of just how appallingly awful their defense of Prop 8 was. They want to continue to play the victim here -- they want to sell the idea that gay marriage is somehow a violation of religious liberty, rather than being completely the other way round. The video of their disastrous performance would only reveal that they are driven solely by religion and bigotry -- and that they aren't even capable of hiding that fact.
Some things that they don't want you to see on television, things that their own anti-equality witnesses did: a witness saying that "Don't Ask, Don't Tell" and the Defense of Marriage Act were "official discrimination"; that same witness then saying Prop 8 was also discriminatory; Mr. Blankenhorn, their chief witness saying, "I believe that adoption of same sex marriage would be likely to improve the well-being of gay and lesbian households and their children"; Blankenhorn also saying, "We would be more American on the day we legalized gay marriage than the day before".
Well, I mean, no wonder, right? But that's exactly why these things need to be released. People need the opportunity to see how feeble the defense was and to really understand how motivated by religion the campaign against equality was. Not everyone is as nerdy as me and reads trial transcripts because they find them so compelling -- video is the medium of our lives, and well do the religious know that since it is the medium through which they sold their hate.
Much of the money and on-the-ground support for the Prop 8 campaign came from the Church of Jesus Christ of Latter Day Saints (the Mormon church) and was supplemented by the Catholic Church. This isn't even money from California, and it's certainly money that ought to take away their tax-exempt status. People need to be shown the kind of lies they were telling to get people to vote against marriage equality, the emotional manipulation about children and families, things so blatantly false they might be defended with the disclaimer: "not intended to be a factual statement."
Gay marriage doesn't destroy families, it doesn't destroy children, it really doesn't do much except make some people very happy and give them access to rights that the rest of us take for granted. The trial provided an overwhelming amount of evidence that refusing marriage rights not only hurt gay people, but also hurt the thousands of children of LGBT parents. It hurts these children irreparably, immeasurably, forever. This wasn't in question, gay marriage opponents agreed.
These tapes shouldn't just be released, they should be broadcast on every news channel for weeks to expose just how rotten the argument is against gay marriage. If you've ever questioned why church-state separation is so important, this is why. If conservative Christians (and I include the LDS) hadn't funded the gay marriage ban, it wouldn't be in place, and even they couldn't create enough money to make credible witnesses or a real argument against gay marriage. The monstrous unfairness of the church taking over, infiltrating, and outright buying the political process only to then lie to the public to get their way has got to stop. Not only is it immoral, it is un-American.
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