Prop 8 Plaintiffs File Brief Urging Release of Trial Videotapes
Yesterday, the American Foundation for Equal Rights representing the plaintiffs in Perry v. Brown, the landmark federal lawsuit that found Proposition 8 unconstitutional, filed a brief opposing the emergency motion for a stay pending appeal set in place by Judge Ware regarding his ruling allowing the release of videotapes of the Prop 8 trial.
The brief argued that “the public has an overriding interest in immediate access to the video recordings so that it can scrutinize for itself the full trial record as this closely watched case progresses through the appellate process.”
Said American Foundation for Equal Rights (AFER) Board President Chad Griffin:, “Dissatisfied with their unconstitutional attempt to strip gay and lesbian Californians of their fundamental freedom to marry, the proponents yet again seek to subvert the bedrock principles of democracy. The American people have a well-established right under the First Amendment and common law to access the video recording of the Perry trial. Enough is enough. What are they trying to hide?”
In addition, a New York Times op-ed published yesterday argued for the release of the tapes, saying "Proposition 8’s proponents are appealing Judge Ware’s decision. They are plainly concerned that releasing the videotape will further expose the emptiness of their arguments for denying gay people the freedom to marry. But in America, potential embarrassment is insufficient ground for denying the public access to vital court records in such a momentous case."
In related news, attorney Kenneth Starr wrote in an editorial over the weekend that cameras are "long overdue" in the nation's courtrooms.
Awesome, hopefully that happens and MORE public opinion weighs in. This would be good news.
Posted by: KEN | Oct 4, 2011 7:01:39 AM
The letter of the law versus the spirit of the law
The letter of the law versus the spirit of the law is an idiomatic antithesis. When one obeys the letter of the law but not the spirit, one is obeying the literal interpretation of the words (the "letter") of the law, but not the intent of those who wrote the law. Conversely, when one obeys the spirit of the law but not the letter, one is doing what the authors of the law intended, though not adhering to the literal wording.
"Law" originally referred to legislative statute, but in the idiom may refer to any kind of rule. Intentionally following the letter of the law but not the spirit may be accomplished through exploiting technicalities, loopholes, and ambiguous language. Following the letter of the law but not the spirit is also a tactic used by oppressive governments.
Posted by: I'm Layla Miller I Know Stuff | Oct 4, 2011 7:30:24 AM
Pathologicals and Prejudice
In The Anatomy of Prejudices Elizabeth Young-Bruehl looks at such "primary prejudices" as sexism, racism, anti-Semitism and homophobia. She argues that they fall into one or another combination of categories: obsessional, hysterical, or narcissistic.
Obsessional (Malcontent) prejudice, by her definition, sees its objects as omnipresent conspirators or enemies set on one's destruction, who therefore must be eliminated.
Hysterical (Histrionic) prejudice interprets the hated individuals as "other, as inferior, and as sexually threatening". Racism is the best example of hysterical prejudice.
Narcissistic prejudice "cannot tolerate the idea that there exist people who are not like them". She argues that homophobia alone fits all these categories, and this might help account for its persistence and prevalence.
--Vannessa Baird, The No-Nonsense Guide to Sexual Diversity, pg 72
Posted by: I'm Layla Miller I Know Stuff | Oct 4, 2011 7:31:15 AM
Prop 8 was repealed but is still in effect. Are there such head-in-the-sand-ers out there that they refuse to allow the repeal to take effect without seeing PROOF of the trial in video format?
Why are we wasting time trying to get the tapes released... get on with getting the stay on repealing Prop 8 eliminated. Focus on the tapes afterwards.
Posted by: Jexer | Oct 4, 2011 11:46:55 AM