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Liveblogging Day 12: Part IV Wrapping Up


By Rick Jacobs

Well, its noon and it’s over. I just had a person from Gibson Dunn come up and thank me for the blog. That means a whole, whole lot. And nice young man from Australia.

Now, our work really begins. Now we have to spread the substance of this trial everywhere.

And sooner than later, we need to thank AFER, Chad Griffin, Bruce Cohen, Kristina Schacke, Yusef Robb, Amanda Crumley, Rob and Michelle Reiner, Ted Olson, Ted Boutrous, David Boies and all of the partners, associates, colleagues and staff of Boies and Gibson Dunn.

Hopefully, we’ll hear from them soon.

We fully expect and hope that the wonderful, brave plaintiffs will be out front more and more.

Thank you to Eden, Julia, Robert, Sarah, Andy and the entire Courage staff, as well as Brian, Paul, Caitlin, Jennifer, and Laura for blogging their excellent trial analysis posts.

And finally, thank you. Thank you to the community of Trial Trackers that has formed in the comment threads. All and each.

More soon! Stay tuned…

Boutrous: We have documents. Will keep them and not submit them to court unless court wants them.

Judge Walker: We have enough.


Boutrous: Court said relatively brief Amicus Briefs within seven days of presentation of evidence.

Cooper: we have no strident opposition to that, but think that court has enough to chew on, but we’d like to submit our own papers in response.

Judge Walker: Obviously. We’ll set a deadline for next Wednesday Feb. 3 to file applications for Amicus Briefs and either grant or deny as appropriate. Will set a fifteen-page limitation and will provide ample opportunity for response by parties. I will agree with Mr. Cooper that the record is abundant and I doubt that we’ll get much from these, but one never knows, so we’ll leave the door open.

Judge Walker: Here’s what I’d like. I’d like to take time to go over this material. I don’t think at this time it’s helpful to have post-trial briefs. You may very well find it useful to submit your proposed findings of law tied to evidence. You’ve already submitted your proposed findings of law. I realize that you do have a lot of material to go through. I’ll be guided by your suggestion for amount of time you need.

I’d like to review those and then set a date for closing argument. Then I’ll probably tee up some questions that have come to the fore to give you the opportunity to address in closing arguments. I would like to leave the date open now. But when the time comes, I’ll have the clerk call both parties with a range of dates so that you can work that out with your schedule.

How long?

Boutrous: 30 days would be fine with us.

Cooper: 30 days should be adequate, your honor.

Judge Walker: Why don’t we set February 26th. Alright February 26th and probably by that time I’ll have a much better idea of closing argument schedule.

Boutrous: On behalf of plaintiffs, want to thank court for making this easy.

Judge Walker: I want to extend my thanks to the lawyers for both sides for an extremely interesting, well-presented case. Obviously old hands, but I was struck by the expertise of the younger colleagues both in the courtroom and behind the scenes. The older hands should be very pleased. I’d just like to take a moment to congratulate you and tell you all personally (goes into courtroom to shake hands).

Tags: , ,


  • 1. John  |  January 27, 2010 at 5:15 am

    And now we wait.

  • 2. Michael  |  January 27, 2010 at 5:17 am

    Now we wait. That's the most difficult part.

  • 3. Jane  |  January 27, 2010 at 5:17 am

    Wow, I can't believe it over. What a ride. I can't wait for February 26!

  • 4. Patrick Regan  |  January 27, 2010 at 5:19 am

    agreed, this was rather thrilling. My heart raced more than a few times.

  • 5. JVM  |  January 27, 2010 at 5:23 am

    Feb 26th is the deadline for more papers to be submitted, it is not the date of Closing Argument. Just fyi….

  • 6. Jane  |  January 27, 2010 at 5:30 am

    Good point, thanks.

  • 7. Kevin_BGFH  |  January 27, 2010 at 5:57 am

    Does anyone have a sense how much longer after February 26th before arguments, and how much longer after that before a ruling is made?

  • 8. Patrick Regan  |  January 27, 2010 at 5:18 am

    Oh, I'm gonna hate waiting this long 🙁

  • 9. robert K wright 1 of  |  January 27, 2010 at 5:27 am

    me too, but I've waited 30 years, I can wait another few months for it to be finished. Thank YOU ALL for being here, it's made it easier to read and digest with all the visible support.

  • 10. Sideon  |  January 27, 2010 at 5:18 am

    Rick – thank you so much for this site and your incredible efforts.

  • 11. Patrick Regan  |  January 27, 2010 at 5:20 am

    I too would like to add my thanks (again) to everyone here. Bloggers, guest writers, and commenters. You all made this whole thing a community and helped people like me understand the legalities of the situation.

    I am optimistic that this could turn out well. Here's to hoping we get a favorable ruling, and a speedy road to an end-game (read SCOTUS).

    Love you all,

  • 12. fiona64  |  January 27, 2010 at 5:50 am



  • 13. Ozymandias  |  January 27, 2010 at 6:06 am

    Absolutely – much appreciation Rick & Co!

  • 14. Roger  |  January 27, 2010 at 7:34 am

    Thank you from me too. Big hugs to all involved.

  • 15. Ann S.  |  January 27, 2010 at 5:18 am

    Classy guy, Walker. Thanking everyone and shaking everyone's hand like that.

  • 16. dalow  |  January 27, 2010 at 6:10 am

    In my experience on eight juries I have never seen that. Much thanking from the bench, but not going into the courtroom! Wow! Some Google-ing this morning revealed that Walker is not just a George H.W. Bush appointee, but his own man. Just right for a Judge.

  • 17. Darrell  |  January 27, 2010 at 5:18 am

    Boutrous: On behalf of plaintiffs, want to thank court for making this easy.

    Judge Walker: I want to extend my thanks to the lawyers for both sides for an extremely interesting, well-presented case. Obviously old hands, but I was struck by the expertise of the younger colleagues both in the courtroom and behind the scenes. The older hands should be very pleased. I’d just like to take a moment to congratulate you and tell you all personally (goes into courtroom to shake hands).

    i like how he said extremely intersting, well presented case………….. probley saying well presented case to our people but extremely intersting to the other side… LOL

  • 18. ron1008  |  January 27, 2010 at 5:19 am


  • 19. SnSD  |  January 27, 2010 at 5:20 am

    Ugh, I will be in Vegas for a birthday that weekend. Hopefully they will wrap up on Monday, so I can follow it. I'm addicted 🙂

  • 20. Desert Verdin 1 of 1  |  January 27, 2010 at 5:45 am

    Walker: Then 2/26 is the deadline for submitting all your papers, and I may set a date then.

    Won't be a wrap on the 26th; it's just a submission deadline.

  • 21. Anne  |  January 27, 2010 at 5:20 am

    This was an awesome site. Thanks, Rick and the Courage Campaign! And Firedoglake, thanks to them too!

    But now what will I do all day long? will I have to do my "real" job now?


  • 22. Josh  |  January 27, 2010 at 5:25 am

    Correction: This is an awesome site. And it's not going anywhere!

  • 23. Alan E.  |  January 27, 2010 at 5:20 am

    Rick, send out an email soon letting us know what we can do next. You have all this potential energy just sitting in the wings!

  • 24. Kathleen  |  January 27, 2010 at 5:20 am

    Rick, just want to add my thanks to all the others. As a former law student, one who had a particular interest in GLBT legal issues, this trial has been fascinating. I would have attended the live feeds in Pasadena if they would have been allowed. Not having that option, it has been great to have your blog going. Not only did I not have to wait for the transcripts, but we all got things from your live blogs that we couldn't from the transcripts.

    Yes, and Now We Wait.

  • 25. Sean  |  January 27, 2010 at 5:21 am

    Now to wait…

    Is it February 26th yet?!?!??!

  • 26. Desert Verdin 1 of 1  |  January 27, 2010 at 5:45 am

    Walker: Then 2/26 is the deadline for submitting all your papers, and I may set a date then.

    That's only a deadline for submission of papers. Closing arguments will be way after that, and then we'll have to wait for the judge's decision to be released.

  • 27. Steffi  |  January 27, 2010 at 5:56 am

    not quite

  • 28. Steffi  |  January 27, 2010 at 6:22 am

    Hey let's just write this (is it February 26th yet?!?!??!) on our facebook status frequently . maybe it'll rise more attention to the whole case?

  • 29. ricky leliefeld  |  January 27, 2010 at 5:22 am

    Thank you so much for all this hard work,But its disapointing that we won't have this to chew on each day.Its a relief that it is over but I think I'll miss reading the way our lawyers ripped them apart.Hopefully there will be updates and commentary between now and then to keep us satiated. Again thanks.

  • 30. Wayne  |  January 27, 2010 at 5:22 am

    Thanks Rick and CC for doing all of this work. It has been very important for me to be able to follow this trial and your reporting and commentary have been much appreciated! Enjoy the break!

  • 31. Becky  |  January 27, 2010 at 6:48 am

    Rick,if you are ever in charlotte,nc, dinner's on me
    Love, becky

  • 32. cc  |  January 27, 2010 at 5:24 am

    Oh how sad, it’s over for now! I just wanted to thank you all for making this possible. I don't know what I would have done without this! Thanks again!

  • 33. Josh  |  January 27, 2010 at 5:24 am


    To be honest, I'm a little disappointed that it's over. I'm disappointed and I'm worried; Olson and Boies were in total control during every second of this trial. Watching them lay out their case so expertly gave me such an encouraging feeling, day after day. It's been thrilling to watch it all unfold.

    But now they're no longer in control, and this is where the anxiety sets in. We couldn't find out how this will all pan out fast enough.

    Plus, now what the hell am I going to do at work all day? Work?!

  • 34. Ronnie  |  January 27, 2010 at 5:25 am

    heaven forbid!……wait!

  • 35. Steffi  |  January 27, 2010 at 6:00 am

    HELP I have to catch up two and a half week worth of work.
    I love being in contact with all of you guys (!!!!) but it DOES keep me from work and it's my master's degree that's on stake here…
    so I'll finally be able to do some studying (though I still wanna stay in touch! very much to be honest! love you guys!!!)

  • 36. Ronnie  |  January 27, 2010 at 7:04 am


  • 37. Ronnie  |  January 27, 2010 at 5:24 am

    Just a little over 720 hours and counting……

  • 38. JD  |  January 27, 2010 at 5:31 am

    Starting at 8:30 AM on the 26th?
    720-4=only 716 hours – and most of us will sleep about a third of that. Which leaves us with approximately 240 waking hours to worry (unless you are a really good worrier and can worry in your sleep).

  • 39. Desert Verdin 1 of 1  |  January 27, 2010 at 5:42 am

    Walker: Then 2/26 is the deadlin for submitting all your papers, and I may set a date then.

    We'll have to wait longer than 720 hours.

  • 40. Ronnie  |  January 27, 2010 at 5:58 am

    well i mean until we have notice to when the next count down ends….lol

  • 41. Desert Verdin 1 of 1  |  January 27, 2010 at 6:31 am


  • 42. Frank  |  January 27, 2010 at 5:24 am

    Thank you Rick and EVERYONE at Courage Campaign! I've been glued to your blog(s) since Day 1.

    Everything you've done is so important to all of our glbt family, now and in the future.

    I gave 6 years of my life fighting the Amendment #2 (Romer v Evans) battle here in Colorado — I just wanted you to let you know from the bottom of my heart — thank you so much for your blogging. It was like being in the courtroom.

    Dear God man, Thank you!!

  • 43. Gayle Madwin  |  January 27, 2010 at 9:15 am

    Thank you for fighting the Romer v. Evans battle. It's hugely important groundwork for this one!

  • 44. frank  |  January 27, 2010 at 5:25 am

    I can't wait to see the protectmarriage blog proclaim victory tonight. After all, Miller & Blankenhorny did fabulous yesterday according to them, practically blowing our case out of the water!


  • 45. cc  |  January 27, 2010 at 5:29 am

    Oh that will be a good one, lol!

  • 46. Steffi  |  January 27, 2010 at 6:02 am

    Oh yeah, definetely! 😀

  • 47. michael s  |  January 27, 2010 at 5:26 am

    Thanks so much Rick and staff for opening this up to the world to follow. Please let us know how we can spread the content when its formated in its final form.


    today was very entertaining

  • 48. Lawrence  |  January 27, 2010 at 5:26 am

    Wow. They had nothing. This is a high risk venture and I know that AFER went around the rest of the LGBT community to be THE case – but I think this trial showed the truth of the view that if someone somewhere was going to bring a federal case then it needed to be done properly the Olsen/Boies way – and as the judge pointed out it was not just the super-lawyers but the many "younger colleages" who have been slaving away for months to research and arm the front lines. We owe all these dedicated young men an women a lot. — Lawrence, married het ally for what it's worth

  • 49. Lawrence  |  January 27, 2010 at 5:39 am

    And of course many many thanks to Rick and Campaign Courage. I think the best way to thank is to send money to support their work. We should all send something.

  • 50. Brian D  |  January 27, 2010 at 8:49 am

    I did! I did! I'm so proud of Rick and company that I donated, which I'm not prone to do. But this was a worthy cause. And thanks for being an ally!

  • 51. Ken  |  January 27, 2010 at 5:26 am

    Is there some way to get on an e-mail list that will notifiy us about final trial dates? I don't want to miss anything that comes after this.

    Thank you so very much for allowing us the ability to follow this. I know it was a lot of work and it is appreciated more than I can say. We are reading up in Missoula, Montana!

  • 52. Ann S.  |  January 27, 2010 at 5:29 am

    Ken, leave another comment but click "notify me of new posts via email" before you click "submit". When there's a new post here, you'll get an email. Then you won't miss a thing.


  • 53. cc  |  January 27, 2010 at 5:31 am

    Oh thank you! Wondering that myself!

  • 54. Ken  |  January 27, 2010 at 5:35 am

    Thanks Ann! You are kind to point that out!


  • 55. Jim  |  January 27, 2010 at 8:15 am

    Ask and you shall receive:

  • 56. PM, in the UK  |  January 27, 2010 at 5:26 am

    Another hearty thank you to Rick and the rest of the Courage Campaign folks.

    It's been an… interesting ride.

  • 57. Elliot  |  January 27, 2010 at 5:27 am

    My thanks to all involved with posting this wonderful resource….

    That said, my F5 key will be thankful for the break until the 26th!

  • 58. prettyisa  |  January 27, 2010 at 5:28 am

    Oo! my lady and I are getting married on the 27th. What a nice wedding present I hope the end of this trial will be!

  • 59. Desert Verdin 1 of 1  |  January 27, 2010 at 5:43 am

    Walker: Then 2/26 is the deadline for submitting all your papers, and I may set a date then.

    That won't be the end of the trial, it's just for submission of papers.

  • 60. Ryan Brennan  |  January 27, 2010 at 5:30 am

    Rick and team:

    Thank you guys so much for all of your hard work in keeping us up-to-the-minute on this trial. You all have provided fascinating insight into our fight against Prop. 8.

    Ryan Brennan

  • 61. Slade  |  January 27, 2010 at 5:30 am

    Thank you to everyone who has helped make this possible. I am now going to be popping in every now and then to see if there are any updates.

    Keeping in touch. xx

  • 62. Jeff Stork  |  January 27, 2010 at 5:30 am

    A big THANK YOU to everyone at the Courage Campaign who took part in this awesome live blog. I know it was a lot more work than your team anticipated, what with the haters afraid of being seen and all, but y'all did a totally awesome job.

    Many thanks to one and all!

  • 63. Jeff jones  |  January 27, 2010 at 5:30 am

    I was watching "Chicago" last night and I noticed something…prop 8 hired Billy Flynn to razzle-dazzle us so we'd never catch wise…unfortunately, this is the real world, that doesn't work… Watch it again sometime…

  • 64. Joe  |  January 27, 2010 at 5:47 am

    They both grabbed for the gun, the gun, the gun!

  • 65. fiona64  |  January 27, 2010 at 5:52 am

    "Let me hear it …"

  • 66. fiona64  |  January 27, 2010 at 5:52 am

    I said that yesterday …


    Give 'em the ol' flim-flam-flummox …

  • 67. nightshayde  |  January 27, 2010 at 8:29 am

    ♫ If you're in trouble, go into your dance. ♫

    I didn't see any mention of tap shoes in the transcripts — but I'm sure those can be worked into the video re-enactment.

  • 68. Jason G  |  January 27, 2010 at 1:20 pm

    I love the musical theatre references! You can tell that this is a gay organization because EVERYONE knows what you're talking about when you break out into Chicago lyrics. I love my gays 😉

    <3 Jason,
    A GSA president

  • 69. Jason G  |  January 27, 2010 at 1:21 pm

    Also, a legitimate video reenactment would be an excellent idea; I hope it happens!

  • 70. Hugo  |  January 27, 2010 at 5:33 am

    Big big thanks to the plaintiffs, lawyers, Mr. Jacobs and well … everyone!! This case really has put homophobia itself on trial and will have ramifications well beyond even the marriage debate. Watching from Canada, absolutely riveted. We may have full legal equality up here, but we're still a long way from social equality.

    Waiting will be hard, but I'm sure we'll have LOTS to talk about between now and Feb 26. Once again, my thanks to all of you for a great teaching moment.

  • 71. Alkanshel  |  January 27, 2010 at 5:36 am

    I'd like to definitely say THANKS! The blogging was fantastic; now I'm just sad that I'll have to find something else to read for the next month or so.

  • 72. John  |  January 27, 2010 at 5:37 am

    What am I supposed to do now? I think I've forgotten how to do my job.

  • 73. Steffi  |  January 27, 2010 at 6:18 am

    oooh don't say that too loud, anti-gay people will turn it into: see how gay's weakens the society? this whole trial and thus this whole ss-marriage issue leads to a whole bunch of work that has not be done or has been done bad….

    ;D after all they need SOME kind of "evidence"

  • 74. Joel Wheeler  |  January 27, 2010 at 5:38 am

    Thank you Rick, thank you bloggers, thank you commenters. I, for one, am exhausted from trying to win 'hearts and minds' and will gladly settle for just ultimately winning this case. Odds are that we will never 'win' equality in the eyes of (much of) the culture, but really I don't care as long as we can win it in the eyes of the law.

    Thanks again to all: not quite sure how to spend my 'work' days going forward…

  • 75. mike995134  |  January 27, 2010 at 5:41 am

    What can I say that the others have not. Thanks to everyone who played a role in this, and for all of the support. I too learned a lot during the past 2 weeks … and have had my moments … laughing, angry, tearful and joyful. So I remain optimistic, more energized than ever, and knowing that together with all of our continued efforts we will win.

    As one of the 18,000 ss married couples in California, this means so much to us, to all of us. And so a BIG THANKS from the bottom of our hearts!!!

    lol … have not posted as much on here as others, but that's hard to do when the boss is calling for you, and you're flipping between reading the updates and these dang financial spreadsheets ;>) So back to the regular grind we all go … waiting, waiting, and still waiting.

    Love ….. Mike

  • 76. LND  |  January 27, 2010 at 5:44 am

    Thank you Prop8 Trial Tracker!

  • 77. scottcelt  |  January 27, 2010 at 5:45 am

    This has been a fantastic journey so far. I look forward to the closing arguments in 30+ days. Everybody knew this was just the first step in the process, but I think the plaintiffs have done a remarkable job of showing that separate but equal does not exist here any more than it existed for AAs earlier in our history.

    Thanks to all the folks that sat there and typed as fast as possible to keep the world apprised of what was going on in the courtroom. You did a spectacular job.

  • 78. Christopher in San F  |  January 27, 2010 at 5:45 am

    Great job Rick and to all of the folks of the Courage Campaign! I've been with this site since the beginning and you all have done a marvelous job. Capturing the trial like this has not only been extremely helpful but also historic. Without this, the public would be left in the dark and for that I sincerely thank you! If there is anything I can do here in San Francisco, please feel free to let me know. Once again, thank you all for such a momentous achievement!

    christopher . bettinelli AT gmail dot com

  • 79. Kate  |  January 27, 2010 at 5:47 am

    Rick, kudos to you and the other members of Courage Campaign and AFER for all you've done to keep us up-to-date on the trial. You totally ROCK!!!!! David Boies is my new hero!

  • 80. Allen  |  January 27, 2010 at 5:48 am

    More than once, the testimony has moved me to tears. And, more than once, the testimony has *angered* me to tears.

    The cynical side of me dares not get its hopes up. In spite of how well our side did, I fear the worst possible outcome.

    And I worry what a win will actually mean? Will the other side simply maneuver with more tricks and deception? Will they get stays and delays and endless challenges that preserve the status quo?

    I'm hopeful, but not optimistic.

  • 81. Lawrence  |  January 27, 2010 at 6:09 am

    This is never going to go away – the fight for equality will last the rest of our lives and more. There will be ups (like today) and many downs. Look at AAs continuing struggle against discrimination, economic disadvantage and unfair incarceration. That work is not over. The same for women – after 100 years your kids still can't walk out of the supermarket without seeing that they are promotional flesh for sale and 70% is still not 100%. LGBT remains a "low power" minority that majority religions state are evil and will continue to attack with hatred and money. Understand all this and gird yourself for the fight – being fully optimistic about the jouney and the good people you will meet on it. The true hope lies in our chilren. Their attitudes are changing fast and we need to ensure they understand the long march of history. Peace and optimism!

  • 82. Allen  |  January 27, 2010 at 5:50 am

    PS: A heartfelt THANK YOU to the bloggers and writers and everyone who had anything to do with making these pages possible! Your efforts to get the news and transcripts out to us has been MONUMENTAL. An impressive feat! You're to be congratulated! It's much appreciated!!

  • 83. Marci Walley  |  January 27, 2010 at 5:53 am

    I think it is very telling that the NOM site has stopped writing about this trial. I guess even they couldn't figure out a way to spin this in their favor!

  • 84. NoCaDrummer  |  January 27, 2010 at 5:53 am

    Thank you (and all the lawyers, witnesses, and innumerable others) for all your hard work!

    Personally, I think we'll win this, but it will be appealed to the SCOTUS. I doubt that the conservative blok there will allow us to marry. We've seen too many recent instances where their hearts (and I use the term loosely) are.

    It's not over 'til the fat lady (Maggie Gallagher) sings.

  • 85. Bill  |  January 27, 2010 at 6:19 am

    After all this, are we really gonna have to listen to the cow SING????????????

  • 86. Mark  |  January 27, 2010 at 5:54 am

    Rick, et al,

    A great thanks from here in Florida.. as a Calif native and person of gay orientation, The live blogging has been a lifeline for the last two and a half weeks,

    Riveting, eye opening, fascinating and sad at the same time. I took the time 2 and a half weeks ago to personally thank Mr Olson and team…………………

    From a gay Retired Marine,

  • 87. Sarah  |  January 27, 2010 at 5:59 am

    I really want to add my thanks to the long list. Thank you so much to everyone who has worked so hard to bring us this site. Even though not being able to view the trial ourselves was a major disappointment this site has helped us to follow the fight for a basic human right. The people following this blog every day have created a community that might never had existed if we were all just watching on youtube. In my mind out of that major setback something great happened and it is thanks to your hard work. Thank you so much for keeping us updated and for giving us a space to share.

    So… now that this is over what the heck am I supposed to talk about? I'm sure everyone I know will be relieved to have a break.

  • 88. Steffi  |  January 27, 2010 at 6:13 am

    lol, I think I'm heading for in depth analysis of all that's happened and background information to talk to people about 😀
    can't stop talking to them about it… just can't and shouldn't either…

  • 89. Rob K  |  January 27, 2010 at 5:59 am

    It's been one helluva rollercoaster….. Thank you for the coverage.

  • 90. Rob  |  January 27, 2010 at 5:59 am

    It's over?! This has consumed me over the past two weeks. I've been both discusted and proud and have to say I have learned a lot. And our lawyers (I say our b/c I truly feel like we are all in this fight together) they are simply magnificent!

  • 91. Will  |  January 27, 2010 at 6:00 am

    This has been an amazing trial.

    I am erecting a statue of David Boies on my front lawn.
    The man is a genius.

    The good thing is that Feb 26th will be here, before we know it. Can't wait to see what happens. In the meantime, I am certain that Re-Pugno and Co. will continue throwing dirt and everything else, our way.

    It's expected… When you don't have a leg to stand on, you resort to name-calling, and violence (whether it is psychological or physical.

    Love to All.

  • 92. rpx  |  January 27, 2010 at 6:01 am

    Finally it is over! I kept waiting for the other shoe to drop and it never did. They basically never put up a defense. One good thing is I will be able to catch up on my sleep now as usually I was up till 2am (or later) my time watching and reading as it happened live. My bet is we will win with Judge Walker but then who knows. There was a lot of issues that we are nto aware of like client privelage as Pugno worked at but also is a lawyer to them. I am just worried the Court of Appeals will throw this back over some ruling of evidence and there will be a do over.

  • 93. Jenny A  |  January 27, 2010 at 6:03 am

    ((((throwing flowers at the feet of Rick and all involved with this live blog))) ..because thanks just isn't enough! Bravo!! Standing ovation 🙂

  • 94. Bill  |  January 27, 2010 at 6:07 am

    To everyone here,

    This has been one of the most important events of my life, of OUR lives. I am honored to have shared it with all of you. I will never, ever forget it.

    We are all extremely fortunate to have been able to be a part of this, in whatever way. This is our history unfolding right in front of us.

    No matter the outcome, it has never been clearer to me what a special group of people we LGTB's are! It has never been clearer to me that we are ENTITLED to civil marriage in every way that a heterosexual couple is. This trial really made that crystal clear to me, and I am sure, to many of you as well. Marriage really IS our right. Regardless of how long they continue to deny us what is already ours.

    While I am glad that this phase is over, I also feel a little sad that we all won't be hovered around our computers hitting the F5 key. Cheering each other on and up. I truly felt like a part of something very special here, and I sincerely thank each and every one of you for that.

    Yes, even you, George.


  • 95. Lawrence  |  January 27, 2010 at 6:25 am

    Great post Bill, like many before. I believe our job now is to go forth and talk about all this. The truth (transcript) is out there.

  • 96. rpx  |  January 27, 2010 at 6:07 am

    Why is it that sometimes my posts don't show up? I wrote a nice wrap up post and it is not showing. I wonder if this one will go through.

  • 97. Lawrence  |  January 27, 2010 at 6:32 am

    Yes this post came through but I am sorry to say it's a Blankenhorn – make sure you post your Boesian work too :):)

  • 98. Jay  |  January 27, 2010 at 6:10 am

    Thank you again from the bottom of my heart to Rick and everyone at CC for this blog. It's been an amazing thing to watch this case unfold and to be part of the community on here.

    This is going to be a long month+ (I'm glad that it's going to be really busy for me – at least my giant workload will keep me from dwelling on this too much!) but I just hope that at the end of it all that right and truth and justice prevail.

    Thank you again also to everyone on here – I'm thousands of miles away from most of you, but it's felt (to me) as though there's been a real 'we're all in this together' vibe. I'm glad that the blog is going to keep on until closing arguments!

  • 99. Steffi  |  January 27, 2010 at 6:10 am

    while everyone thanks Rick and the courage campaign team (to which I wanna add my own HUGE thanks and encourage everyone to donate to them to help them keep up the good work) I also wanna take the chance and say thanks to all the trial tracker here that became so much of an extended family to me even though we live so far apart (mostly). Your comments and analysis and background information are soooo great and I keep reading them feverishly! you are great great guys and I love you, I really do (and usually in Germany one doesn't say such things as "I love you" easily not even when it is meant platonically).
    So THANK YOU ALL!!!!!!!!!!

  • 100. Eddie  |  January 27, 2010 at 6:14 am

    Thanks, Rick, and everyone!

  • 101. Luis  |  January 27, 2010 at 6:17 am

    Just delurking long enough to send some love to the Trial Trackers. Well done! I have been absolutely riveted, and it's due to your excellent, tireless work. My thanks to you all.

  • 102. randompro42  |  January 27, 2010 at 6:19 am

    lay perspective:

    My only concerns with the last few days of testimony is that the D-I's were more interested in taking this trial to a history lesson about marriage to distract everyone from the central issue.

    For proposition 8 to be overturned in a court of law, there has to be a law expressly violated. This has been mentioned many times relating back to the 14th amendment and "suspect class" law.

    The D-I's wanted to distract the court from the core of the argument which is sufficient case law to repeal this proposition.

    I still believe that GLBT are suspect class(es); while Boies et. al. were masterful at their art I fear there was not enough documentation, testimony and discussion expressly on suspect class law.

    Thanks everyone for blogging/commenting/lurking/responding on this issue. It has been an excellent distraction, talking point and lesson.

    Special thanks to Mr. Jacobs and the remainder of the support staff.


  • 103. Frijondi  |  January 27, 2010 at 6:24 am

    Thanks again, trial trackers.

    *Throws more electronic flowers onto the pile. *

  • 104. Nick Griffin Miller  |  January 27, 2010 at 6:26 am

    Well, now comes the next waiting game!
    Thanks to Rick and everyone who worked so hard.
    Thanks so much also to FDL and Teddy who worked well in complimenting Rick's work as well.
    Remember to go to TrialTrackers on Facebook and say hi if you haven't already, and remember to download all the filings for your records, too! That way you have actual copies of everything that was said in court officially!

  • 105. Philip  |  January 27, 2010 at 6:33 am

    This has been such a valuable site.
    Thank you for making this happen.
    I appreciate all your hard work in brining us the facts.
    Very warm regards

  • 106. Samantha  |  January 27, 2010 at 6:33 am

    Rocking my Legalize Gay shirt on behalf of today.

  • 107. Bill  |  January 27, 2010 at 6:34 am

    I sit here with my 4-year-old son, home from preschool with croup, to offer a hearty thank you from my whole (same-sex headed) family for this blog, and for the Amazing Mr. Boies and his legal team. I am staggered by his brilliance and his ruthless willingness to press and push and expose the myriad weaknesses of the defense. There were so many moments I sat slack-jawed with disbelief and delight as I read him verbally skewer the other side.

    And yet… we have seen too often in the past seen how even the most eloquent and well-founded legal arguments and rulings have been upended, not by legal brilliance, but tidal waves of irrationality, fear and ignorance.

    I pray we are on our way to victory. I was very happy to see (finally) addressed the issue of our children's right to have married parents and legally recognized families.

    Last year during the campaign, spurred by my then 7-year-old daughter's agonizing pain at realizing so many millions of Californians wanted to take away her parents' marriage, I created a YouTube video to address what our No on 8 campaign assiduously refused to acknowledge or show — our families and children. The link is listed as a URL above. Both my kids are pictured in the video. We all thank you.

  • 108. Bonobo  |  January 27, 2010 at 6:56 am


    Excellent!!!! I have saved that one. Thank you. This is what I wish we could have seen during the election.

    They were so busy protecting the children, they forgot to listen to the children.

    Again, thank you Bill, and thank you to Bill's children.

    Love ya,

  • 109. Diane  |  January 27, 2010 at 6:36 am

    Thanks to Rick and others for meticulously documenting the goings-on of the trial. It must have been difficult to keep up with everything that was going on, particularly when the moment is ripe for editorial comment, and I will add myself to the long list of people who tremendously appreciate all your work. I am fortunate enough to have been able to see a few days of the trial from the courtroom (hooray for living in SF!), but on the many other days I was unable to take off work, I have been obsessively refreshing this website. Thanks again!

  • 110. Bill  |  January 27, 2010 at 6:36 am

    Actually, I think if you click on my name above, it will take you to the video.

  • 111. Carolyn  |  January 27, 2010 at 6:38 am

    Just adding my thanks yous to the many already here. I have been glued to your blog. Thank you for giving us a peek into the courtroom while the subject of human rights and dignity was debated. I was uplifted by all you did.

  • 112. slignot  |  January 27, 2010 at 6:38 am

    I am so grateful for the dedication of those who liveblogged the trial for those of us unable to come to the trial ourselves.

    I've been following this coverage so obsessively that my husband (who is an ally but not the passionate advocate I am) started following live coverage so he would know exactly what I was excitedly rambling about.

    Hopefully having the reenactments to look forward to will help the time between this part of the trial and closing arguments/judgement to go more quickly. And we all know that when that happens, the real battle will begin.



  • 113. Balu  |  January 27, 2010 at 6:41 am

    Thank you folks at CourageCampaign and FireDogLake for empowering us with knowledge about this trial.

    Thank you Boies and Olson for a well presented case.

    Thank you fellow readers, we are truly part of a large family now… and let us all will that the Truth prevails in the end.

    Love Peace and Adios until 26th.

  • 114. Jack & Kev  |  January 27, 2010 at 6:41 am

    Funny / Sad – couldn't keep our eyes from the trial. Thank you, thank you, THANK YOU! Sincerely – Married in Iowa, with a 36 year courtship. Hope you young people never have to do that – fight on.

  • 115. Kathleen  |  January 27, 2010 at 6:44 am

    Is there a single best link to point people to the archives of the live blogs here?


  • 116. Jim  |  January 27, 2010 at 8:30 am

    This will get you to all the daily summaries:

    This will get you to all the live blogs:

  • 117. straightfromsacramen  |  January 27, 2010 at 6:46 am

    Thank you everyone for your passionate stories, thoughtful insight, and loving hearts. Here's to a shift in the tides.

    Cheers and Love,

  • 118. Stacy  |  January 27, 2010 at 6:49 am

    Thank you for all the time and effort that has been put into this website, it has been a great way to follow the proceedings.

    Something that has bothered me about the yes on 8 side is the way they insist that marriage is and always has been about protecting the children. I'm not a scholar, but I had a strong interest in history and sociology in college, and my recollection is that marriage (until fairly recently) was almost always about protecting property.

    Marriages were arranged based on political and financial means, and children were the way to pass on the property. Something to also consider, child labor and child abuse did not warrant attention from the courts until fairly recently as well. The feel good image about marriage existing to protect children doesn't ring true.

    Something to think about, anyway.

  • 119. waxr  |  January 27, 2010 at 8:08 am

    That is quite true. Marriage had important political and economic implications. Among the rich and politically powerful that is. The law took little interest in poor families who had no political power or property to pass on. Often a couple would just decide to move in and live together. How many of these common law marriages were same sex cannot be determined because the state did not bother to record them.

  • 120. Gary S  |  January 27, 2010 at 6:50 am

    It feels like we've just gotten to the top of the roller coaster. Thank you thank thank you to the people who made this blog possible. That had to be incredibly hard work and the summaries and commentaries made this an incredible experience. I look forward to more material and especially to the next phase.

  • 121. Chris Miller  |  January 27, 2010 at 6:53 am

    Thanks to Rick and the Courage Campaign for keeping me on the edge of my seat every day for the past couple of weeks.
    As I was reading every day I was struck by the incompetence of the other side. Maybe they didn't want video as not to embarass themselves?
    Anyway, Kudos to the EXCELLENT team of lawyers assembled and led by Olson and Boies.
    Let's all hope and Prey this goes our way all the way to SCOTUS.

  • 122. Kerrick  |  January 27, 2010 at 6:55 am

    Then I’ll probably tee up some questions that have come to the fore

    The Judge is already planning to go golfing.

  • 123. waxr  |  January 27, 2010 at 8:10 am

    The Judge has earned the right to. Wish I could go with him.

  • 124. Morrigoon  |  January 28, 2010 at 4:05 am

    Good God man.

  • 125. Morrigoon  |  January 28, 2010 at 4:05 am

    (sorry, couldn't resist!)

  • 126. Lo  |  January 27, 2010 at 7:00 am

    Thank you Courage Campaign for bringing the trial to our homes/work. Would be in the blind if it wasn't for all of you!

    As we are all awaiting the end of one of the most important trials in history, don't forget there is also an important decision you can keep track of in the mean time. Congress will either accept or deny ss marriage in DC soon. Although it may not seem as big, I think its still its an important thing to look out for. Our nation's capital can set the stage for, hopefully, many more good things to come.

  • 127. waxr  |  January 27, 2010 at 8:11 am

    It is big.

  • 128. rebeccargb  |  January 27, 2010 at 7:03 am

    Thank you to everybody involved at Courage Campaign for running such an awesome site! And thank you to all the commentors as well!

    Now where's my Lesbians Love Boies t-shirt?


  • 129. Loren  |  January 27, 2010 at 7:05 am

    This has been fantastic. I've sent a $5 Starbucks gift card to the defensive legal team to thank them for mounting such a pathetic defense and allowing their bigotry to be so thoroughly dismantled in a public forum.

    The note says, "Get a coffee next time you go to trial and maybe you'll be able to stay up and read the literature you're trying to discredit."

  • 130. Susan R Barnes  |  January 27, 2010 at 7:07 am


    What an experience! Thank you everyone!

  • 131. kevin  |  January 27, 2010 at 7:18 am

    Great job -this kind of community organizing power was first made aware to me last (Obama) year… It is the future of our Democracy (especially now that Walmart and Wall St. can spend anything they want to tilt elections…) One concern – a contributor yesterday said in essence the defendants in this case were 'sandbagging' in this case and that they will be fighting in a higher court with higher calibre lawyers using an additional tactic of claiming bias by the court (Walker's procedures/behavoir/ San Francisco venue or whatever) — Any thought s about the merit of this prediction? Again thanks…

  • 132. 109  |  January 27, 2010 at 7:20 am

    Holy project to infinity. This was amazing. This was absolutely amazing. Thank you so much everyone, the plaintiffs and their lawyers and the witnesses and the livebloggers and everyone working to make this happen. None of us will ever ever forget this.

  • 133. JDI  |  January 27, 2010 at 7:27 am

    Thanks to everyone fighting on our behalf. This blog has been a daily-read for me. I learned so much about the legal process I didn't know. Like others have said more eloquently, none of us will ever forget this historic time or the fight that's been waged on our behalf. Thank you.

  • 134. MarkOH  |  January 27, 2010 at 7:30 am

    Rick and all the other bloggers,

    Thank you a THOUSAND times over. By reading their site, Protectmarriage is trying to re-write the event and, without all this information for you guys, they might have gotten away with it.

    Truth will always shine through despite the efforts of those who lie to keep it from being shown.

  • 135. Jane  |  January 27, 2010 at 7:56 am

    THANK YOU RICK AND THE COURAGE TEAM, and of course the AFER TEAM!! This has been an amazing experience!

    Now, maybe I can get something else done during the day.

    I've marked my calendar fo 2/26

  • 136. Straight Ally #3008  |  January 27, 2010 at 8:11 am

    Boutrous: On behalf of plaintiffs, want to thank court the defense for making this easy.


  • 137. activecitizen54  |  January 27, 2010 at 8:18 am

    Thank you Courage Campaign. I've been glued to this since opening statements and am impressed with the dedication and courage of your organization.
    I've done a general distro of this every day to remind friends around the USA, In Honduras, Venezuela and Brazil that this is really happening here.
    I've blogged at my site and just have enjoyed tremendously the sense of family that's developed here.
    Thank you all.
    Point me now to direct my nervous energy for the next month.
    Love and hugs to all

  • 138. erasure25  |  January 27, 2010 at 8:34 am

    This has been such a huge learning experience! I'm grateful for being a part and having Rick provide such amazing live coverage. I'm very hopeful things will turn out on the side of equality for all. Obviously, we are fighting for LGBT marriage, but I think if you step back, we are actually fighting for marriage equality for everyone. Who knows what disfavored minority could be the next target in 10-20 years…?

  • 139. Anne in Tennessee  |  January 27, 2010 at 8:40 am

    Oh Prop 8 Trial Tracker, what will I do without you?

    Thanks to everyone there for this experience. I guess it's back to online jigsaw puzzles….

  • 140. Sugarboy  |  January 27, 2010 at 8:52 am

    Fascinating. Thank you for the excellent and timely coverage.
    Quick qoestion, how are the attornies for the plaintiffs being paid? I might like to donate.

  • 141. Mike  |  January 27, 2010 at 9:07 am

    So if the judgement is in our favor, which based on the proceedings seems wholly likely (knock on wood), what's the next step?

    Is it automatically appealed to the next higher court? Can the Supreme Court decline to hear it and let the previous decision stand? Trying to figure out how this thing is going to progress…Can the Supreme Court strike down all DOMA-style state laws?

  • 142. Cheryl  |  January 27, 2010 at 9:26 am

    Finally a laser light of sanity shined on us! I am so proud to be a part of my community! Pity the poor minions who remain in the dark, discredited and laughable in their pomposity! Thank you Courage Campaign!!

  • 143. Ronnie  |  January 27, 2010 at 10:22 am

    I just made this statement to my mother I felt the need to share it after watching the video together posted by straight ally #3008…….. .

    The people who are against same sex marriage and equality continue to ignore the simple fact that this is about human. EVERYONE!

    It hurts not just LGBT people whose lives are destroyed by these anti-equality laws.

    It hurts our kids, not just teens but babies, infants, toddlers, 5yo's, 10yo's!…… those of who have children…..

    It hurts our heterosexual friends, families, co-workers, neighbors, supporters and their families and kids……

    It hurts us not just those who have been in relationships for years but those of us who are single and do have dreams of finding mr/mrs perfect and be just as committed as others

    We are teens, 20 somethings, Over the hilliers, Baby boomers, Black, white, asian, latino, muslim, straight, gay, transexual, lesbian, bisexual, religious, non-religious, left handed, right handed, brunette, blonde, black haired, red haired, blue haired, HUMAN.


  • 144. Richard  |  January 27, 2010 at 11:04 am

    Okay, so the trial itself ha wrapped, except for amicus briefs, Judge Walker's review time, and the closing arguments. What suggestions does anyone have on keeping our newfound family together cohesively during that time?

  • 145. Ronnie  |  January 27, 2010 at 12:18 pm

    He said it!!!!!!!! Obama Said it!!!!!
    The Bigots are DONE!!!!!!!!!!!!!!

  • 146. Liveblogging Day 12: Part&hellip  |  January 27, 2010 at 12:21 pm

    […] post up at : […]

  • 147. Kelly  |  January 27, 2010 at 12:36 pm

    Someone in an organized way should propose moving Valentine's day to Feb. 26 this year (or the date of the decision) Optimistic, I know.

  • 148. Casey  |  January 27, 2010 at 1:06 pm

    Whew, I have been working late this week and haven't commented in days, but have stayed up reading every riveting word! Thank you, Rick and the entire Trial Tracker team, for being our eyes and ears in the courtroom. What a gift you have given us! I really enjoyed watching the defense's witnesses becoming so beguiled by Boies (and the TRUUUUUTH) that they literally were like, "Oh…well, maybe you guys are right…marriage equality sounds pretty good…". I don't know what I'm going to do tomorrow when I don't have trial proceeding to read. It was like Gays of Our Lives!!

    Let's talk to everyone we know about this trial! Meanwhile, during the long wait, I'm going to see if Boies will be my platonic Valentine. I can wear my L<3B t-shirt!

  • 149. Jason G  |  January 27, 2010 at 1:12 pm

    Judge Walker is such an excellent judge. My teacher apparently knows him personally and he told me that he's a really, really good guy. It is apparent in his courtroom decisions that he knows what he's doing. I have faith that we will have a nice, well-balanced final decision that hopefully swings the right, and just way.

  • 150. Woody  |  January 27, 2010 at 2:14 pm

    Thank you Rick and everyone else at Courage Campaign.


  • 151. Sandy  |  January 27, 2010 at 2:36 pm

    My thanks to all involved, you know who you are!

    We know hours of work went into this and it is not without notice.

    Applause! Applause!

  • 152. Wolfinlv  |  January 27, 2010 at 2:59 pm

    Thank you to all the bloggers and those who put time, money and effort into this site as well as the trial.

    Thank You to the plaintiffs without whom this would've had to wait and for standing up for all of us. May the light of your love and commitment be forever and eternally bright.

  • 153. Taelyn  |  January 27, 2010 at 8:19 pm

    *pops up from lurking*

    A big thank you to everyone from St. Louis, MO, USA. It has been a truly captivating 12 days and, I hope, the trial of a lifetime. Watching this piece of history unfold, minute by minute, has certainly given this bisexual transwoman much more hope


  • 154. Tim and Michael  |  January 28, 2010 at 5:45 am


    My partner and I met 20 years ago on 5/28/90 and are going to legalize our relationship any way we can (means travel) on that anniversary most likely in Boston but if this thing re-allows marriage in Ca for at least a time we will do it in SF where we have family to be there. Due to my health I have been out of the loop alot and just heard about this site from a friend that works at a PBS here in Milwaukee and have been following it since about a week ago. Sorry for the rambeling as it is all emotionally overwhelming and the thrill that I will be married to the man I have loved for 20 years and will love till the day I die brings me to tears everyday. To the young people out ther NEVER give up hope and NEVER FORGET what these brave men and women have done for you and your futture.

    Again Thank You,

    Tim and Michael
    Milwaukee Wis

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