The trial: Two episodes of Prop 8 trial reenactment available

The reenactment of the first-day opening statements in the Prop 8 is now available in two parts at YouTube. Ted Olson’s opening statement begins at 15:08 in the hour-plus clip below. Judge Vaughn Walker interrupted Olson several times to ask several perhaps-significant questions during the
statement. The defendants’ opening statement by Charles Cooper—also interrupted repeatedly by Walker—begins at the start of Chapter 2.

(All videos, are posted to this YouTube channel and at MarriageTrial.com, which also offers explanatory commentary about the trial.)

But before getting to the opening statements Walker put himself on record about the proposed webcast of the proceedings—an issue that was still under consideration by the high court in DC.

At the start of the first chapter, Walker defends his decision to allow webcast of the trial video. That decision was, of course, overruled a few days later by a split decision of the US Supreme Court.

“The issue of the public’s right to access the court’s proceedings is an important one,” Walker says. “I think it’s highly unfortunate that the judicial conference and the courts have not dealt with the issue in the past and have not in a considered and careful manner worked through the issues.” He compliments the attorneys before him for briefs on the issue which he calls “very helpful, indeed.”

Of course, the conservative majority on the Supreme Court didn’t agree that the public has a “right to access the court’s proceedings”. And so, we’re left with these impressive—albeit slow-to-surface—reenactments produced by John Ireland and John Ainsworth and performed by a group of volunteer actors.

Watch video at YouTube


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