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The trial concerning the constitutionality of Prop 8, California’s ban on gay marriage starts today, and will be broadcast on YouTube.

The Californian ballot initiative passed in the November 2008 state elections currently forbids gay couples to marry. The federal trial, which will be heard by Chief US District Judge Vaughn Walker, will decide whether this contravenes the US Constitution’s guarantee of equal protection by laws.

Judge Walker has ruled to allow TV coverage of the trial, which will be recorded and then broadcast on YouTube at the end of each day in court. This will also make it the first federal trial in nine Western states to be videotaped in its entirety for public viewing.

But the defendants of Prop 8 contested Walker’s decision to allow broadcast, arguing that it would jeopardise their client’s right to a fair trial, and one that has “the potential to become a media circus”, according to defence attorney Charles Cooper. Judge Walker gave the state until noon yesterday to file a response, but none was made.

Chad Griffin, President of the board of the American Foundation of Equal rights, quoted in the LA Times, said: “Those who want to ban gay marriage spent millions of dollar to reach the public with misleading ads, rallies and news conferences during the campaign to pass Prop 8. We are curious why they now fear the publicity they once craved.”

Currently, Section 7.5, Article 1 of the California Constitution, reads:
“Only marriage between a man and a woman is recognized [sic] in California”, something which supporters of gay marriage hope to see repealed.

Posted in: Campaigns & Politics |