Prop 8 trial: Proponents file reply brief in support of stay on releasing the tapes; plan to appeal to SCOTUS
October 14, 2011
By Adam Bink
A rather impressive brief filed by the proponents of Prop 8, if only for the length of documentation that went into it. There are 42 — forty-two — exhibits to underscore their argument that releasing the tape recordings from the trial phase of Perry v. Brown would lead to turmoil, just absolute mayhem. Exhibits like pieces from the Los Angeles Times from December 2008 about “A life thrown into turmoil by $100 donation to Prop 8″ and how Los Angeles City College was sued by the Alliance Defense Fund over a classroom dispute on a student against same-sex marriage. The arguments would have you believe that these isolated incidents represent all of the supporters of equality and all of this will happen if you let the tapes be released, oh noes. In reality, the trial was 100% live-blogged (right here) and covered extensively by the media in the 21 months or so since it occurred. The people who testified are nearly all public figures, and if they’re weren’t public or extremely well-known, they wouldn’t be hard to find. Yet we haven’t seen angry mobs outside their house or radio announcers giving out their phone numbers. The proponents fear democracy and transparency of their weak case because it shows the public, well, how bad their arguments are. In short, the spotlight has been on this for well over a year. Now let the sunshine in further.
Aside from that, an interesting money line at the end of the brief:
This Court should stay the district court’s order pending appeal. Should the Court disagree, Proponents request a seven-day stay to permit us to seek a stay from the Supreme Court.
Which tells us how far they’ll take this.