The New York Times editorial page wants the Prop. 8 videotapes released. We do, too:
On Monday, a lawyer representing the victorious plaintiffs will be urging a federal district judge in San Francisco, James Ware, to grant a motion to make public the videotape of the 12-day trial. In the interest of fostering confidence in the judicial system, the motion should be granted. Proposition 8’s supporters insisted that the broadcast ban was needed to protect their two witnesses — experts who testified in open court and whose identities were well known. Their arguments are even less persuasive now.
The trial was over more than a year ago, and the 13-volume trial transcript is public and available on the Internet. Legally, there is a presumption of access to judicial records, a point made in a brief filed by a media coalition, including The New York Times Company.
The demand to keep the videotapes secret is as flimsy as the arguments for denying gay people the fundamental right to marry. The proposition’s backers will not be hurt in any way if the footage is released. The American public, on the other hand, stands to lose something very valuable if it is denied the chance to see and hear what happened in a critically important case on marriage equality.
The proponents of Prop. 8 have no legitimate arguments against marriage. They know that. We know that. They just don't want the rest of the country to see how pathetic their case is.
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