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Prop 8’s Ninth Circuit Appeals hearing will be televised

In a flash of great news, the American Foundation for Equal Rights (AFER) announced that the oral arguments made on Dec. 6 in Perry v. Schwarzenegger will be televised live via C-SPAN. AFER is the sole sponsor of the Perry case, which challenged the constitutionality of California’s Proposition 8, found unconstitutional in Judge Vaughn Walker’s federal district court earlier this year. The court orders:

C-SPAN applied to televise live the case captioned above, scheduled to be heard in San Francisco, on December 6, 2010 at 10:00 a.m. C-SPAN’s request to televise live is GRANTED. A maximum of two (2) video cameras will be permitted in the courtroom. C-SPAN will serve as the pool-feed for all media organizations that submit an application.

Cases heard on appeal in the Ninth Circuit include oral argument by the attorneys, as well as a judicial review of the trial record from the lower court. There will be no testimony in this hearing, meaning no witnesses or experts will take the stand. A randomly selected three-judge panel will hear the case and issue its ruling after the Dec. 6 appearance by both parties to the suit.

The televising of earlier testimony proved to be a sticking point for the defenders of Prop 8 (defendant-intervenors ProtectMarriage[dot]com), who successfully sought an injunction by th U.S. Supreme Court to prevent the televising of the lower court case, heard in San Francisco in January. Although the Ninth Circuit Court of Appeals hearing will not include testimony, the opportunity for the American public to actually hear the arguments of both sides right in their own living room is a spectacular step in the right direction.

As someone who attended the district court hearings, I can promise that viewers will be impressed by the striking, powerful rhetoric of lead plantiff attorneys Ted Olson and David Boies, who famously squared off against one another in Bush v. Gore, which essentially decided the 2000 general election. We’re also likely to hear from appeals attorney  Theodore Butrous, another prominent member of this all-star legal team, with special expertise in appeals court.

Chad Griffin, President of AFER, released the following statement about the televising of the Ninth Circuit hearings:

For too long the truth about marriage equality has been obscured by misleading political rhetoric. Our case is rooted in the principles of equality upon which our nation was founded and the Constitution’s guarantee of equal protection under the law for every American, without exception. That case has already been proven conclusively in federal court, and now millions of Americans will be able to hear the truth about this issue first-hand.”

-Titles of Drama

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