11 January 2010

Not a good sign.

The Supreme Court of the United States has weighed in on the delayed YouTube broadcasts of the testimony in Perry v Schwarzenegger, the California Prop H8 trial.
It's bad news, and it bodes very ill they've sided 8-1 with the H8ers this early.
SCOTUS says the testimony may not be broadcast pending their final decision. The emergency stay requested by the defendants on Saturday could only have been granted if they could demonstrate to the justices that "irreparable harm" would be caused by the delayed broadcasts.
Normally appellate cases are pretty sterile; filings, and lawyers discussing the filings with the judges.
This case is different — it has witness testimony. Not just the plaintiffs and defendants themselves, but also a constellation of expert witnesses who will say things that for whatever reason, SCOTUS and the H8ers don't want you to hear or see. Meanwhile, the Court apparently has no problem with permitting you to view the process by which laws are made by legislators, unfolding in real time on CSPAN.
This decision echos another horrible decision SCOTUS made last October when they decided to bar the release of names of anti-equality Washington petition-signers, despite the fact that information is supposed to be public under Washington state law.
The majority's decision was delivered without explanation. Evidently they agreed with the defense that the anti-gay witnesses would be subject to harassment and intimidation.
Irony is apparently not the majority's strong suit.

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