RECOMMENDED READING: Transcript of July 2nd Hearing of Federal Case Against Prop 8

Thanks to Michael Petrelis and his due diligence, he has been able to secure a transcript of the July 2nd hearing of the federal case against Proposition 8, where Ted Olson made his appearance representing the plaintiffs, basically us. The defendants in the case is the State of California, but since Gov. Schwarzenegger and Attorney General Jerry Brown are against Proposition 8, those responsible for the initiative stepped in to intervene and defend it. Judge Vaughn Walker (pictures) presided.

Page Highlights

Pg. 4-7 Statement of appearances.

Pg. 8 Judge Walker addresses concerns facing the court: "...first of all, the motion to intervene; second, the application for preliminary injunction; and then, third, how we are going to proceed in the case."

Pg. 9-10 Judge Walker addresses the preliminary injunction (in other words, to halt the enforcement of Prop 8 while the case against it is being considered).

Pg. 11 Judge Walker addresses how the case is to be handled, dealing with facts and law, more like a trial court proceeding and unlike the U.S. Supreme Court, which handles cases more through a philosophical bent.

Pg. 12 Judge acknowledges that this case is just touching down in his court and it will be going to higher court, and therefor a solid record needs to be established.

Pg. 12-14 Ted Olson addresses preliminary injunction. "...with respect to the uncertainty of the effect of marriages, if a preliminary injunction was granted, my clients would prefer the uncertainty of the ultimate outcome in this case, to the certainty of daily irreparable harm."

Pg. 15 Charles Cooper of Alliance Defense Fund, representing proponents of Prop 8 responds to Olson. "...the closest thing that the plaintiffs offer, thus far, to this point is that tradition alone is a manifestly insufficient basis for a state to impair a person's constitutionally protected right to marry. And there, Your Honor, they are simply not coming to grips with the fact that tradition is a definitional element of the Supreme Court's test for identifying fundamental constitutional rights."

Pg. 19-24 Judge Walker declares case management discussion. Olson proposes a way to manage. (Funny moment on pg. 20-21 with cell phone going off.)

Pg. 24-28 Cooper proposes to case management.

Pg. 28-30 Judge Walker responds to proposal of 30 days before reconvening with factual record discussed and what facts they agree upon between plaintiffs and defendants. Cooper raises a concern of it being enough time, but Walker shoots this down.

Pg. 30-32 Olson proposes that during the 30 days they can also list what they disagree on. Judge Walker questions if his own deadline is reasonable.

Pg. 33-34 Courts sets the date of Aug. 19 to reconvene and a deadline of Aug. 7 to submit case management statements.

July 2 Hearing Transcript of Federal Case Against Prop 8