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Prop. 8 Standing Arguments to be Televised

Submitted By: Fabulous Rob on August 1, 2011 No Comment

By Andrew Harmon on Advocate.com

Oral arguments on a legal standing question in the Proposition 8 case will be televised live in September, according to a California Supreme Court spokeswoman.

Of the September 6 hearing, SF Appeal reports that “because of public interest in the case, the court has approved a live statewide television broadcast of the arguments on the California Channel, a public affairs network,” according to spokeswoman Lynn Holton.

In February, the state supreme court certified a question from the U.S. Court of Appeals for the Ninth Circuit, where the case is currently on appeal, on whether under state law the backers of an initiative have “the authority to assert the State’s interest” when public officials refuse to do so.

Though U.S. district judge Vaughn R. Walker had ruled to allow broadcast of federal trial proceedings in early 2010, the U.S. Supreme Court ultimately quashed any televised proceedings, except within the confines of the federal courthouse where the trial was held.

But the state high court has broadcasted marriage equality-related arguments before, including In re Marriage Cases, where in 2008 the court found unconstitutional any law or ballot initiative used to deny marriage rights to same-sex couples. It also televised arguments in 2009 on whether Proposition 8 itself was a constitutional amendment or a broader constitutional revision.

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