Today Judge Vaughn Walker in Perry v Schwarzenegger set closing arguments for June 16th. Prop 8 Trial tracker reports that the defense also apparently made a motion to suppress some of the testimony presented by the now infamous crazed lunatic “Dr. Tam”
Besides setting a date for closing arguments, Judge Walker set a date for the defense counsel to submit their motion to suppress at least part of Dr. Tam’s testimony. As you recall, Dr. Tam was the right-wing San Francisco minister who believed that his kids will turn gay if marriage equality was allowed to remain. We’ll find out on May 7th how much of the testimony they want stricken from the record, and what is their basis. Our side will have until May 10th to then file an objection.
Dr. Tam himself was evidence that Prop 8 was driven by animus and a hatred of homosexuals, which would be enough to strike Prop 8 — even under the more lenient “rational basis” grounds set up in Romer v. Evans (1996.) But while Dr. Tam’s testimony is damning and it should be kept in, there was a whole lot of other evidence that our side presented. In fact, when it came time for the defense to produce their “experts,” there wasn’t a whole lot of reason they could provide. So basically all they are doing now is trying to hide anything and everything that proves that they are bigots, nazis, and hateful assholes.
Olsen and Boies
The San Francisco Chronical reports that Federal judges in the Bay Area are revisiting the question of cameras in the courtroom, and the timing could affect the Prop 8 trial’s closing arguments and could possibly result in it being televised.
“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 same-sex marriage. The U.S. District Court in San Francisco has posted a rule change on its Web site that would allow its judges to take part in a pilot program of airing selected non-jury civil trials. The public comment period began Feb. 4 and ends next Thursday…If his court approves the new rule next week, Walker could allow camera coverage of the arguments along the lines of his previous order, subject to approval by Alex Kozinski, chief judge of the Ninth U.S. Circuit Court of Appeals. Telecasting of lawyers’ arguments, without witness testimony, might pass muster with the Supreme Court, which hasn’t objected to televised hearings of arguments before the Ninth Circuit.”
The final round of briefs in the case are due this Friday, and Walker is to schedule closing arguments once that date arrives. So lets keep our fingers crossed that this plays out so we can watch Olsen and Boies kick some homophobe ass!