Opponents of California’s Prop. 8 ban on same-sex marriage, along with a coalition of media organizations, argued to U.S. Supreme Court Justice Anthony M. Kennedy on Sunday that televised viewing of the trial on the measure’s validity should not be barred. Chief U.S. District Judge Vaughn R. Walker of San Francisco recently ordered that the trial, set to begin tomorrow and expected to last several weeks, not be televised, but rather, be recorded for delayed released on YouTube.
The Ninth Circuit Court on Friday turned down a request for a writ of mandamus that would order Judge Walker to delay the broadcasting, saying that cameras should be allowed during the trial. You can link to this story here.
Defeated at the federal appeals court level, supporters of California’s state constitutional ban on same-sex marriage went to the Supreme Court on Saturday in an attempt to stop the televising, claiming that Judge Vaughn’s order would subject supporters of the measure to harassment, threats, and violence. Justice Kennedy has the authority to act on the stay request on his own, or share the issue with his colleagues on the Supreme Court. An order is expected as early as Sunday afternoon.
Excellent continuing coverage of this dispute can be found at the SCOTUS Blog, which also has links to both side’s filings with the court. Continuing coverage will also be provided here at Cyber-Esq.