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Tomorrow’s Prop 8 hearings: what to expect, where to watch

9th Circuit Court of Appeals Prop 8 trial

By Jacob Combs

Tomorrow is an exciting day in the Perry trial: we’ll be before the 9th Circuit arguing for the release of the trial recordings and against our opponents’ motion to vacate Judge Walker’s decision because he is in a relationship with a man.  As Gayapolis reports, the day will start off with a “Free the Tapes” and “Motion to Marry” rally on the steps of the 9th Circuit courthouse at 1 pm, immediately preceding the hearings, which begin at 2:30 p.m. and will last for two hours.

There are many ways to get coverage of tomorrow’s hearings, not least of which is right here at  Rick and Arisha will be liveblogging from the courthouse in San Francisco, and Adam and I will be here on the site bringing you updates from news outlets throughout the day.

If you live in San Francisco, there is a chance you could watch the trial live at the James R. Browning Courthouse at 95 7th St.  There will be a limited number of public seats available in Courtroom One, so if you’re interested, get there early!  Remote viewing will also be available live at the Richard H. Chambers Courthouse in Pasadena, the U.S. Pioneer Courthouse in Portland and the William K. Nakamura Courthouse in Seattle.

Last week, the appellate panel that will hear the case granted a request from KRON-4, a San Francisco TV station, asking to televise the proceedings live and videotape them for later broadcast.  The court had already approved requests from C-SPAN and NBC-7 San Diego to record the hearings for later broadcast.  I spoke with KRON-4 earlier today and was informed that they have decided not to broadcast the hearings live (a disappointment), so for now, if you can’t get to one of the courthouses, you’re best bet is to follow us here on P8TT.  The audio and video recordings of the trial will be available on the 9th Circuit’s website by noon on December 9.  For more information about the hearings, check out this document from the 9th Circuit.

After tomorrow, the appeals panel could issue a decision any day (on the merits of Prop 8 and standing of its proponents to appeal; on releasing the tapes; and on the appeal of the decision concerning Judge Walker’s sexual orientation), either in one cumulative ruling or in several separate ones.  The panel has moved swiftly in the past, and it seems likely that we will have a decision by the end of the year or in early 2012.  Of course, we’ll have those updates when they happen.  See you tomorrow for the hearings!


  • 1. Gregory in SLC  |  December 7, 2011 at 11:33 am

    Can't wait : D !

  • 2. thark  |  December 7, 2011 at 12:11 pm

    It's all over but the scene for this bizarre fad of creating "laws" out of thin air to harm gays and only gays, yet leave all other law-abding citizens unmolested, "law" or no "law"…

    I can't wait either!

  • 3. Sheryl, Mormon Mom  |  December 7, 2011 at 12:11 pm

    Wish I could be there, but won't be able to make this one.

  • 4. DaveP  |  December 7, 2011 at 12:48 pm

    So sorry to hear that, Sheryl. I was looking forward to seeing you again at the court house.

  • 5. Sagesse  |  December 7, 2011 at 12:17 pm


  • 6. Steven  |  December 7, 2011 at 12:24 pm

    awww no live broadcast they should have broadcast online…..

  • 7. Boystown: RedEye 'Ho&hellip  |  December 7, 2011 at 12:45 pm

    […] The Prop 8 Trial tracker, a project of the Courage Campaign Institute, also has a great update and information on where to watch or follow the proceedings online. […]

  • 8. mark  |  December 7, 2011 at 12:47 pm

    If you take a look at NOMs website no mention of the prop8 hearings tomorrow at all…

  • 9. Kate  |  December 7, 2011 at 1:01 pm

    NOM only posts after the fact so that they have time to think of a spin.

  • 10. Gregory in SLC  |  December 7, 2011 at 6:17 pm

    Brian Brown must have heard you mark – he posted this update:

    9th Circuit Hears Prop 8 Arguments Tomorrow! Ruth Institute Founder and President, Dr. Jennifer Roback Morse will be in the courtroom providing live updates…

  • 11. CaliGirl  |  December 7, 2011 at 12:48 pm


  • 12. Gregory in SLC  |  December 7, 2011 at 12:55 pm

    If you haven't watched the video yet, highly recommend![youtube MudnsExyV78 youtube]

  • 13. MarcosLB  |  December 7, 2011 at 2:02 pm

    I agree Gregory. Thanks for posting a link to this wonderful speech, take a listen, it is well worth the time!

  • 14. Gregory in SLC  |  December 7, 2011 at 6:40 pm

    Huffington take on speech. Comments worth reading. Boo to Dan Savage!

    And Nigerian's are discussing potential impact:

  • 15. Juli  |  December 7, 2011 at 7:54 pm

    If Dan Savage said he was adding another zero to his Obama contribution, that means he would be going say from $100 to $1000 – why the boo?

  • 16. Gregory in SLC  |  December 7, 2011 at 8:25 pm

    You are right Juli! I was being nit picky about something else he said related to transgender persons….and was somewhat critical about "politicians should not be policing the world" I appreciate your pointing this out as I seem rather ungrateful as D.S. is the creator of "It gets better project" Sorry Dan! Thanks for all you do! Love, Gregory in SLC

  • 17. Rob in CA  |  December 7, 2011 at 8:30 pm

    I think Gregory just misunderstood. I took Dan Savage's comment to mean he was increasing his contribution by a factor of 10 as well.

  • 18. Gregory in SLC  |  December 7, 2011 at 8:38 pm

    Thanks Rob : ) I appreciate any consideration as I've been facing extra external opposition of late and have been a bit grumpy. Life is great where it counts, at home with hubby and kids that love me.

  • 19. AnonyGrl  |  December 8, 2011 at 6:52 am

    And a bunch here who love you too! Hope things get better soon.

  • 20. MightyAcorn  |  December 8, 2011 at 8:24 am

    Ditto that, Gregory. Don't let the smallness of others diminish the power of that big heart of yours. 🙂

  • 21. TomTallis  |  December 7, 2011 at 4:32 pm

    I agree that the decision may likely come before the end of the year. I can't believe that the three judges on the panel haven't already discussed the case in great detail. I suspect that the opinion on the merits is all but written.

  • 22. Jacob  |  December 7, 2011 at 10:28 pm

    That would be awesome, and it's what I'm hoping for as well, but I don't want to get my hopes up. They never work very quickly, and they may have only two productive weeks left, if that.

  • 23. AmeriCAN  |  December 7, 2011 at 5:37 pm

    lgbt issues are the "forefront" of our US foreign Policy? I think we have issues WAAAAAAAAAAAAAAAAAY MORE important Mrs. Clinton. Bring our troops home swiftly, feed our hungry, lower business taxes so small businesses can get back to work!

  • 24. Reformed  |  December 7, 2011 at 7:40 pm

    Mrs. Clinton's remarks require a certain intellectual level of understanding which is lost on you. She has used her leadership to communicate the message, but its up to you to be able to understand it. I guess you dont feel that glbt people have human rights and that those rights are voilated daily throughout the world. And please remember the millions spent by the congressional republicans defending unconsitutional laws that foster a lack of respect for lgbt human rights when you cry for lower taxes on businesses. How is it that the richest amound us grow constantly richer, businesses making record profits, and yet unemployment grows. Curious how ingnorant people are anti glbt, want to cure the countries financial problems on the backs of workers, deny climate change, are blind to the historic contributions of unions, and forget what a miserable place it was in George W. bush's United States. But please, since the economy is so much more important than lgbt rights, head on over the National Organization for Marriages comment section and tell them so. I didn't think so.

  • 25. Gregory in SLC  |  December 7, 2011 at 8:34 pm

    Well said "Reformed". I wrote about 10 different responses to "AmeriCAN" but decided not worth it and just gave a thumbs down. I appreciate your response. Every minute of EVERY day that DOMA is in place my life is affected in a myriad of suffocating ways. However, my own challenges pale compared the atrocities that other LGBT person suffer around the globe. Thank you Hillary Clinton for addressing the un-named LGBTQQI persons EVERYWHERE not just the U.S. Thank you Hillary for opening your heart and your eyes to the truth, despite centuries of unfounded prejudice. My hope and prayer is that your words will touch many around the globe, creating more understanding, more acceptance….a better world.

  • 26. DaveP  |  December 7, 2011 at 8:46 pm

    It would be very interesting to get your perspective on this speech, "AmeriCAN", if you were one of the many people brutally beaten, tortured, raped, locked up in a freezing cell while waiting to be hanged in the public square, running for your life to avoid being murdered by a mod or by the police, begging for asylum at a border or embassy while government employees decide if they are going to send you back to face your torturers again,…You get the idea. …..Or do you? …..Are you capable of empathy for other people in some of the worst possible situations? Or are you OK with letting all of that continue as long as you get your god damn small business tax break? "American" indeed.

  • 27. Jacob  |  December 7, 2011 at 10:36 pm

    What a bizarre, incoherent world you live in… where the Secretary of State feeds the hungry and lowers taxes on corporations… where lower tax receipts provide more resources for social programs…. where LGBT rights in the developing world is not a foreign affairs issue and small business is… where issues of differing priority are inherently mutually exclusive and cannot be handled at the same time… where eliminating tax breaks for multinationals means impoverishing the local florist… where the word "forefront" means "overwhelming priority" rather than "vanguard"…

    A window into a special mind.

  • 28. AnonyGrl  |  December 8, 2011 at 6:56 am

    We certainly do have other issues that are important, no argument there. I would disagree with you that anything is more important than human rights, however.

  • 29. Jim  |  December 7, 2011 at 7:31 pm

    I'm thinking about driving up to SF tomorrow to see the fun for myself. Any tips from the veteran trial-goers here? How early should I be there if I want to actually be in the courtroom? Thanks!

  • 30. DaveP  |  December 7, 2011 at 11:03 pm

    There will be a rally (probably not too huge but you never know) in front of the court house starting at 1 PM so I would recommend getting to the court house a little earlier than that. A tip for transportation – there is a large underground parking garage with reasonable rates located beneath the large plaza/park that is right in front of City Hall, which just a few blocks away from the court house. Garage entrance is on McAllister between Polk and Larkin. You then walk east on McAllister (away from City Hall) three blocks and veer right onto 7th street, and then two more blocks on 7th to the court house at 7th and Mission. Or consider BART and get off at Civic Center Plaza BART Station, walk back down Market one block & turn right on 7th.

  • 31. Jim  |  December 8, 2011 at 1:21 am


  • 32. ididntthinkofthat  |  December 7, 2011 at 9:39 pm

    @ameriCAN your comments don't make sense in the context of the conversation. What does Clinton's foreign policy have to do with lowering taxes for small business? Are you just a right wing talking points bot?

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