Ruth Institute Blog

I’m happy to report that our Prop 8 Legal Defense Team has won yet another important legal victory for supporters of traditional marriage in California!

Today a three-judge panel of the U.S. Ninth Circuit Court of Appeals issued a 24-page opinion REVERSING the lower court’s earlier decision to illegally release courtroom trial recordings of the Proposition 8 trial for public broadcast.

In its unanimous decision, the Ninth Circuit ruled in favor of our appeal, declaring that the lower court judge’s attempt to release the trial videotapes was an “abuse of discretion” and an “‘implausible’ and ‘illogical’ application of the law.”

This all started during the Proposition 8 trial, when we successfully persuaded the U.S. Supreme Court to step in and order the presiding trial judge, Vaughn Walker, to cancel his plans to illegally broadcast the trial.  But in defiance of the Supreme Court, Judge Walker’s courtroom cameras continued to roll!! We objected, so Judge Walker solemnly promised us in open court that the videotapes were only for his personal use, and that they’d never see the light of day.

But then the judge retired from the bench, taking the videotapes with him and releasing portions of the tapes to the media!  And, his replacement (Judge James Ware) went even further, ordering that all of the recordings made in defiance of the Supreme Court’s order should be release for public broadcast!

Thankfully, the Ninth Circuit put a stop to this judicial misconduct, saying in its opinion:

“We conclude that the district court abused its discretion by ordering the unsealing of the recording of the trial notwithstanding the trial judge’s commitment to the parties that the recording would not be publicly broadcast. The trial judge on several occasions unequivocally promised that the recording of the trial would be used only in chambers and not publicly broadcast.”

Allowing the recordings to be publicly broadcast, the Ninth Circuit explained, posed “a grave threat” and would cause “serious damage” to the integrity of the judicial system.

Read the 24-page legal opinion here.

Just to be clear, the question involved in this appeal was not whether federal trials should be televised.  Instead, this appeal was all about the lower court judge becoming so obsessed with striking down traditional marriage that he found himself disregarding the law and turning the trial proceedings into a sham.

If the Ninth Circuit had allowed the lower court’s misconduct to stand, it would have even further damaged the public’s confidence in the way the courts have handled this case from the beginning.

Today’s legal victory is not only an important milestone along the long and winding road to the U.S. Supreme Court;  it was also a crucial battle worth fighting to honor and protect our supporters who sacrificed their time, reputations and personal safety to testify in open court in defense of Proposition 8.

The next step will come when the Ninth Circuit releases its final decision on the main legal question: Whether or not Proposition 8 violates the plaintiffs’ federal constitutional “right” to re-define marriage.  In light of the makeup of the Ninth Circuit panel that is deciding the case, there is a very strong likelihood that we will have to appeal an adverse ruling to the U.S. Supreme Court.

But to do that, we have a lot of work to do in preparation.  As I’m sure you can imagine, if the Ninth Circuit decision goes against us the homosexual “marriage” activists will undoubtedly rush into government offices and attempt to resume the licensing of same-sex marriages in California.  We must be prepared to obtain an emergency “stay” of the decision without delay, and ensure that Proposition 8 remains in full force while we take our next appeal to the U.S. Supreme Court.

Will you please help us prepare for this upcoming, fierce legal battle by making a special contribution of $25, $100, $500 or more to the legal defense war chest?

As you know, we have been designated by the California Supreme Court, as the official proponents of Proposition 8, to represent the State’s and the People’s interests in defending Prop 8, since government officials refuse to do so.  So all of this depends on the direct financial support of folks like you who want to see the people’s vote for Proposition 8 upheld in the courts.

Thank you for your continued support.

Very truly yours,

Andy Pugno, General Counsel

 

P.S.  The Prop 8 Legal Defense Fund is a 501(c)(3) charitable organization, so your donation is tax-deductible, and it will not be publicly disclosed.  If you prefer to donate via a check or money order, please send your donation via U.S. Mail to:

Prop 8 Legal Defense Fund
PO Box 162849
Sacramento, CA  95816-2849