Judge James Ware to hear oral arguments on whether video recordings trial can be released to the public
SAN FRANCISCO (Aug. 26, 2011) — U.S. District Court Judge James Ware will hear oral arguments on Monday morning as to whether video recordings of the Proposition 8 federal trial can be released to the public. City Attorney Dennis Herrera will join lawyers from the American Foundation for Equal Rights at the hearing. He will join co-counsel to make a statement and take questions following oral arguments.
Proponents of Proposition 8, which California voters narrowly enacted in November 2008 to eliminate marriage rights for same-sex couples, petitioned the federal court to order the return and sealing of digital video recordings from the trial. Herrera, who as AFER’s co-counsel represents the public sector interest in opposing Prop. 8, filed a motion arguing against sealing the videos, calling the video is “the best, most accurate record of a trial of significant public importance.”
Monday, Aug. 29, 2011 at 9:00 a.m.
Courtroom 10, 19th floor
Phillip Burton Federal Building & United States Courthouse
450 Golden Gate Avenue, San Francisco, CA 94110
Testimony in the Perry v. Schwarzenegger trial took place between Jan. 11 and Jan. 27, 2010, with closing arguments on June 16, 2010, before the Northern District of California’s then-chief judge, Vaughn R. Walker. On August 4. Walker ruled that Prop 8 is unconstitutional under both the Due Process and Equal Protection Clauses of the 14th Amendment of the U.S. Constitution. The ruling has been stayed during the pendency of the appeal.
The case, which is now known as Perry v. Brown, was formerly: Perry et al v. Schwarzenegger et al, U.S. District Court, Northern District of California, Case No. 09-CV-2292 VRW. A comprehensive listing of pleadings in the case is available: http://www.afer.org/our-work/legal-filings/
PDF of the Prop 8 trial video hearing media advisory presskit (Aug. 26, 2011)