Here's VIDEO of Last Week's Prop 8 Hearings

Miss last week's hearings in the Proposition8 case? They were likely the last ones before the Court rules on the case, and dealt with the unsealing of trial videotapes and efforts to vacate Judge Vaughn Walker's decision overturning Prop 8, because Walker is gay.

Watch full video of the hearings, AFTER THE JUMP...

And in case you missed it, our legal expert Ari Ezra Waldman's analysis is HERE.

9th Circuit to Hold Hearings in Prop 8 Case Today

A hearing on two issues in the Prop 8 case will be held today before the 9th Circuit Court of Appeals.

Jacob Combs at the Courage Campaign sums up today's hearings:

The first hearing, at 2:30 p.m. PST, will regard the appeal of Judge Ware’s decision to release the Prop 8 recordings taken during the initial trial.  The second hearing, at 3:30 p.m. PST, regards the appeal of Judge Ware’s ruling to deny the proponents’ motion to dismiss Judge Walker’s decision because he did not disclose that he is in a long-term relationship with a man (shorter: Prop 8 backers said Judge Walker is gay so he is biased so his decision should be dismissed, Judge Ware denied their motion, Prop 8 backers appealed to the 9th Circuit). The 9th Circuit is not having any further hearings on the constitutional merits of the case itself or the issue of standing.

Plaintiffs’ lead co-counsel Theodore B. Olson will present the oral argument advocating for the release of the trial tapes at 2:30pm PT.  Plaintiffs’ lead co-counsel David Boies will present the oral argument regarding Proponents’ motion to vacate judgment at 3:30pm PT.

This should be the last hearing before the 9th Circuit  issues a ruling on the U.S. District Court’s August 2010 decision that struck down Proposition 8.

Marriage Equality Supporters to Rally at California Supreme Court Tuesday Before Crucial Prop 8 Hearing on Standing

The California Supreme Court is set to hear arguments tomorrow related to the federal case challenging Proposition 8. The hearing will focus on whether the backers of the ballot measure have standing to appeal last year's decision overturning the measure,  the L.A. Times reports:

The court's ruling, due 90 days after argument, will determine whether all initiative sponsors in California are legally entitled to defend their measures in state court when the governor and the attorney general refuse.

If the court rules against the initiative backers, then a federal appeals court is more likely to rule that ProtectMarriage.com, the sponsor of Proposition 8, also lacks standing under federal law and "Proposition 8 dies because no one will defend it," said Vikram Amar, UC Davis constitutional law professor.

Supporters of marriage equality are planning a “No Standing for Prop 8” sit-in tomorrow at the Court, prior to the hearing, the San Diego Gay & Lesbian News reports:

Same-sex couples and their friends and families will hold a “No Standing for Prop 8” sit-in on the steps of the California State Building at 8 am Tuesday, Sept. 6.

The sit-in will precede the California Supreme Court’s hearing on the standing issue in the Proposition 8 appeals case, which is set to begin at 10 am. The Earl Warren State Building is located at 350 McAllister St. in San Francisco, CA 94102...

...“You can’t keep litigating a lawsuit just because you don’t like something – you actually have to be harmed in some way. The simple fact of the matter is that the freedom to marry brings enormous benefit to same-sex couples while harming no one else’s marriage. Accordingly, those who oppose equality have no standing to continue the suit,” said John Lewis, Marriage Equality USA’s Legal Director.

Judge to Consider Unsealing Prop 8 Trial Tapes Today

Today, U.S. District Court Chief Judge James Ware will consider a motion from the American Foundation for Equal Rights to make public a video recording of the trial of California’s Proposition 8. Late last week, the American Foundation for Equal Rights held a press call about today's hearing to unseal the trial recordings, and a hearing on September 6 before the California Supreme Court.

Listen to the press call moderated last week by AFER's Chad Griffin, AFTER THE JUMP...

Said Boutrous (Right, with AFER Board President Chad Griffin):

"Monday's hearing is simple. The U.S. Supreme Court has recognized time and again that the American people have a First Amendment and common law right to access court records. This is a case where the public should have maximum access. There is nothing secret about this case. It was open to the public. The public has a right to see the testimony from the trial so they can judge for themselves. There is absolutely no basis for keeping this judicial record secret. The Proponents' harassment allegations are baseless distraction."

Said Olson:

"Monday's hearing is about whether or not the American public can see and listen for themselves a case that concerns about the rights of hundreds of thousands of Californians and millions of Americans. The Proponents did not want to have a trial or to have evidence introduced. They do not want the public to see the truth. They do not want the public to see what was said in the Prop 8 campaign. They do not want the public to see the damning admissions of their own witnesses. They do not want the public to see their own admission that they "don't need any evidence." They do not want the public to see the non-existence of their arguments..

In an editorial on Friday, the NYT urged that the tapes be made public:

The demand to keep the videotapes secret is as flimsy as the arguments for denying gay people the fundamental right to marry. The proposition’s backers will not be hurt in any way if the footage is released. The American public, on the other hand, stands to lose something very valuable if it is denied the chance to see and hear what happened in a critically important case on marriage equality.

A fact sheet about the hearing can be found HERE. Prop 8 Trial Tracker is running a live blog today.

Olson also spoke about the September 6 hearing before the California Supreme Court.

...Our hearing before the California Supreme Court concerns the issue of whether proponents of a ballot proposition have any right to represent the state on appeal when state officials do not do so. There is ample authority that individuals do not have a right to defend a law unless they have suffered a direct and immediate harm. Proponents cannot show harm, they can only say that they wanted Prop 8 to be enacted. We believe that the Proponents do not have the right to appeal after the state officials decided not to. This is about whether Proponents can continue with this litigation. We expect a prompt decision on this issue. Whether or not standing is found to exist, our plaintiffs will win."

The call participants also discussed a '8', a new play by Dustin Lance Black dramatizing the Prop 8 trial which will be directed by Joe Mantello and get a one-night-only staged reading on September 19 featuring Anthony Edwards, Morgan Freeman, Cheyenne Jackson, Christine Lahti, Rob Reiner, Yeardley Smith and Marisa Tomei.

Listen to the press call moderated last week by AFER's Chad Griffin, AFTER THE JUMP...

David Boies and Ted Olson, Lead Attorneys in Prop 8 Challenge, Accept American Bar Association's Highest Honor: VIDEO

David Boies and Ted Olson, lead attorneys in the American Foundation for Equal Rights' federal challenge to Proposition 8, accepted the American Bar Association Medal today. It is the organization's highest honor.

AFER writes:

In accepting the honor, David Boies reflected on his role in Perry v Schwarzenegger and noted, “What we’ve been able to accomplish is based on the contributions of so many other people who made those contributions under much more difficult circumstances” and accepted the award on behalf of them.

AFER, Boies and Olson will be back in court on September 6 for oral arguments in front of the California Supreme Court on the question of whether under California law official proponents of a ballot initiative have an interest in defending the initiative when it is challenged in court.  The U.S. Court of Appeals for the Ninth Circuit deemed the question essential to its determination as to whether the official proponents of Proposition 8 have standing to appeal Judge Vaughn R. Walker’s ruling from last summer.

Watch Boies and Olson accept the award, AFTER THE JUMP...

David Boies and Ted Olson to Receive Highest Honor from American Bar Association

David Boies and Ted Olson, lead attorneys in the federal case challenging California's Proposition 8, have been awarded the American Bar Association's highest honor, the ABA Medal:

The ABA Medal recognizes exceptionally distinguished service by a lawyer or lawyers to the cause of American jurisprudence. The medal’s recipient is chosen by the ABA’s Board of Governors.

“It’s an honor to present the ABA Medal to David and Ted,” said ABA President Stephen N. Zack. “Our courts are being starved for lack of funding. Through their leadership on the Task Force on Preservation of the Justice System, David and Ted have effectively worked to protect the third co-equal branch of government and our constitutional democracy.”

***

The ABA Medal is given only in years when the ABA Board of Governors determines a nominee has provided exceptional and distinguished service to the law and the legal profession. Among previous recipients are legendary justices of the Supreme Court of the United States, including Oliver Wendell Holmes, Felix Frankfurter, Thurgood Marshall, William J. Brennan Jr., Sandra Day O’Connor and Anthony Kennedy. Other recipients include Watergate Special Prosecutor Leon Jaworski; human rights activist Father Robert Drinan; co-chair of the Bill and Melinda Gates Foundation, William H. Gates Sr.; and Judge Patricia Wald, member of the International Criminal Tribunal for the Former Yugoslavia.

Boies and Olson will receive the award on August 8 at the ABA's annual meeting.