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Response briefs filed with 9th Circuit regarding Perry trial recordings

9th Circuit Court of Appeals Briefs Prop 8 trial Tapes

By Jacob Combs

Thanks to Kathleen for bringing this our way.  Yesterday was the deadline for response briefs in the appeal of Judge Ware’s decision to make the recordings of thePerry trial available to the public.  Here are the briefs from the plaintiffs (our side), the media coalition and the City and County of San Francisco, all of which are in favor of upholding Judge Ware’s decision to unseal the tapes.

In related news, the 9th Circuit issued an order yesterday granting the request of NBC 7 San Diego to videotape the Dec. 8 2:30 pm hearing “for later broadcast.”  It’s unclear at this point whether that means both hours of arguments or just the first, or whether the hearings will be live streamed.

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  • 1. DaveP  |  November 29, 2011 at 10:10 am

    Ooh I really like the point made in the introduction of the brief from City & County of SF. It basically says 'if these guys (defendant intervenors) want to claim they are speaking on behalf of all of the citizens of California, all the more reason that the recordings of the trial must be released – to show the public what these people claim is being said on the public's behalf'.

    This could be something that we really ought to make some noise about once the recordings are released. Show some clips of the stuff that really makes them look bad (the anti-gay rhetoric, the vulgar and bizarre insults from the 'expert witnesses', the stuff that just makes them look like idiots, take your pick) and point out – "these people are claiming that they speak on behalf of all citizens of California. Did they ever ask what YOU thought about this?"

  • 2. Joe  |  November 29, 2011 at 10:32 am

    I wonder if there is a way for this to become a headline on a front page…."NOM claims to speak for all of California"…..

  • 3. Ronnie  |  November 29, 2011 at 11:04 am

    Subscribing & sharing…….

    – African-American Pastor Rebukes NOM’s Anti-Gay Bigotry:

    "Adoption is the voluntary giving up of a child because the mother or parents do not want the child or cannot take care of it. In my own congregation, I have watched with delight as a lesbian couple adopted a child, saved him from a life of meager resources and are nurturing him with love and devotion. He is a joy to behold. Each Sunday, he interacts with me and each time I see him, I embrace his parents, thanking God for their love of this child. I dedicated him in our church with his adoptive parents as I would do for any other couple. The Roback piece is ignorant, exploitive and hateful. “~ Pastor Michael Bledsoe of Riverside Baptist Church…….. DING!!!!

    – This Friday airing at 8pmET is a two-part episode of ABC's Extreme Makeover: Home Edition in which the EMHE team will surprise Sirdeaner Walker & Her family. Sirdeaner's son took his own life in 2009 when he was 11yo after being subjected to anti-gay bullying…. Here is Ty Pennington, Tracy Hutson, Jillian Harris, Michael Maloney, & Johnny Littlefield (members of the EMHE team) speaking, via the It Gets Better Project, about their experiences with bullying…… <3…Ronnie:

    [youtube veriUgP5AUU&feature=relmfu youtube]

  • 4. DaveP  |  November 29, 2011 at 11:22 am

    It will be very interesting to see how the show treats this subject. I'm wondering if they will get specific about the fact that the nature of the bullying was anti-gay bullying. This show definitely has a tendency to play to the more conservative-middle-America-family-values audience so if they don't side step the issue it could be a powerful message to an audience that may not otherwise hear it .

  • 5. SoCal_Dave  |  November 29, 2011 at 11:07 am

    I was going to ask for a layman's synopsis, but decided to give reading the actual documents a try. Glad I did, they are really interesting.
    My favorite bit (from the first brief) …
    "It is both remarkable and telling that Proponents seek to protect themselves from "look[ing] bad" not by publishing the truth, but by hiding it."
    Thanks to Kathleen for posting.

  • 6. Str8Grandmother  |  November 29, 2011 at 12:13 pm

    Ronnie, thank you for bringing this to our attention. I was shocked (in a good way) that this came from a Baptist Minister. I followed all the links and found his church and called him up and thanked him. The only thing is, he doesn't look African American to me but I guess you can't always tell by a photograph. I don't care that much one way or another his race, I am just thankful that a Baptist Minister would publicly affirm families who are headed by sexual minorities. I know race was a big deal to Jennifer Roback Morse, but not to me.

  • 7. DaveP  |  November 29, 2011 at 12:45 pm

    Hi Str8Grandmother! I just sent Pastor Bledsoe a 'thank you' email.

  • 8. Bob  |  November 29, 2011 at 2:28 pm

    Have you read "A letter to Louise" which is a biblical affirmation of homosexuality,,,, it was written by a Baptist minister,,,,,, a very compelling read,,,,, it was posted by someone on a much earlier post,,, also can be found on a website caled God made me gay,,,, If someone can't find it sooner I'll try and find that web site,,,,,

  • 9. Bob  |  November 29, 2011 at 2:31 pm

    check out this site the letter to louise will be there,,,,

  • 10. be4marriage  |  November 29, 2011 at 4:57 pm

    Such an Amazing letter. It's sad that it was written 10 years ago and so little has changed. It's great that it's broken down into sections. I'd love to have a discussion of each section, since there is so much said.

  • 11. Bob  |  November 29, 2011 at 5:48 pm

    for us it seems like so little has changed,,, but during that 10 yrs.. there have been LGBT people, and allies,,, inside churches, quietly working on these bible intpretations,,,, like the Anglican church for example,, and recently the Evangelical Lurtheran,,,,, major religons have become divided over these interpretatios ,,,,, which is progress,,,

    for me the lightbulb went on when I got it that most religions believe God created only heterosexuals,,, hence as the letter states all the sanctions were actually against heterosexual lust etc… there was no mention of homosexuality the religion I was born into teaches that homosexuality is a behavioral choice,,, therefore for them homophobia is a good thing……..

  • 12. Gregory in SLC  |  November 29, 2011 at 5:08 pm

    Thank you for letter : )

  • 13. Seth from Maryland  |  November 29, 2011 at 12:21 pm

    kinda big news: New Jersey state Sen. Jennifer Beck (R-Monmouth) voted against marriage equality 2 years ago will now not only be voting yes on the marriage equality but also will be co-sponcering it,

  • 14. Carpool Cookie  |  November 30, 2011 at 11:29 am

    Oooh! I like dramatic turnarounds for THE GOOD!

  • 15. maggie4noh8  |  November 29, 2011 at 12:41 pm

    Is it just me, or are the scribd links just going back to the P8TT home page???

  • 16. DaveP  |  November 29, 2011 at 1:55 pm

    Hmm. From here, these three documents don't appear as links, it's the actual document being displayed here on our site and I can just scroll through it right from here without linking anywhere else…

  • 17. Alex  |  November 29, 2011 at 6:42 pm

    Deadline for the Supplemental Briefs are coming up in response to the California Supreme Court ruling.

  • 18. Carpool Cookie  |  November 30, 2011 at 11:33 am

    What happened to the lady clerk (?) who was supposedly representing the CA system when she tried to intervene in Prop H8 at some point? Which part of the process was that? I think she was known as [i]"Where's Carmen??"[/i] to the Judges?

    Where IS Carmen??

  • 19. AnonyGrl  |  November 30, 2011 at 12:31 pm

    That was Imperial County. The lady you speak of was an assistant clerk, and was told "You are not the boss, and it should be your boss who is here." (that was the Where's Carmen? bit). Carmen was then not re-elected (maybe she didn't run? I am not sure what happened there), and the guy who replaced her was Chuck Storey, who renewed the request to intervene on the grounds that he was NOT late in applying, since he had JUST been elected. I BELIEVE that this was lumped into the general issue of standing that will all be ruled on now that the CASC has weighed in.

    It would be rather amusing if the Proponents were denied standing, but Imperial County got it, making their doofus of a lawyer (do look up the spanking he got from the 9th on the Where's Carmen? issue… it is quite wonderful to watch) the lead on the case. While he would, of course, defer to the Proponents lawyers (Cooper et al), it would be fun if he tried to take over! (Yes, there is a little bit of an evil streak in me… tee hee!)

  • 20. maggie4noh8  |  November 30, 2011 at 4:43 pm

    I was thinking Storey/Imperial County's standing had been resolved long ago… Neither have standing is what I remember – correct me if I am wrong.

  • 21. MightyAcorn  |  November 30, 2011 at 5:00 pm

    DELORES, her name was DELORES. I haven't heard anything about Storey's case since all the posturing right after he got elected. May not even have been filed.

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