The closing arguments by both sides in
the legal battle over California's gay marriage ban won't be
broadcast, the Ninth U.S. District Court announced last week.
Speculation that lawyer's final
arguments in the high-profile trial considering the constitutionality
of Proposition 8, the gay marriage ban narrowly approved by
California voters in 2008, would be broadcast jumped after the San
Francisco Chronicle reported that the court might consider such
an option.
“Despite a rebuff from the U.S.
Supreme Court, the Bay Area's federal judges are again proposing to
allow cameras in their courtrooms, a plan that could lead to
telecasting of closing arguments in a suit challenging California's
ban on sex-sex marriage,” the paper reported.
The Supreme Court blocked a plan by
Chief U.S. District Judge Vaughn R. Walker to broadcast the trial
from his San Francisco courtroom to other federal courthouses and
post delayed footage on YouTube, the video-sharing website owned by
Google.
In appealing to the Supreme Court,
Proposition 8 lawyers argued that public broadcast would intimidate
their witnesses.
In its 5-4 ruling, the Supreme Court
chastised Walker for shortening the usual comment period. The court
said the trial was too “divisive” for the court's pilot project
and suggested it should start with a more routine case.
Final arguments will not be broadcast,
the court announced on its website.
“Certain recent articles have
reported incorrect information about possible broadcasting of closing
arguments in Perry et. al. v. Schwarzenegger et. al.,” the
court said.
The court said that the request to
broadcast the trial was withdrawn by Judge Walker on January 15,
2010.
“Broadcasting closing arguments would
require Chief Judge Walker to request that these arguments be
included in the Ninth Circuit's pilot program and approval of that
request by Chief Judge Kozinski. No such request has been made,”
the court said.
Closing arguments in the case have yet
to be scheduled.