August 9, 2010 Print
2010-08-09-ts

Prop 8: Marriage on Trial in the Courts – and the Media

by Catherine Snow

As the legal wrangling over California’s marriage amendment– and the definition of marriage for the nation – continues today in federal court, gay activists are moving to sway Americans in the court of public opinion.

MARRIAGE ON TRIAL IN FEDERAL COURT

The appeals process in Perry v Schwarzenegger is well under way, and a ruling from Judge Vaughn Walker on the motion to keep Prop 8 in place –while the appeals are sorted out –is expected at any time.

Walker struck down Prop 8 early last week.

Ron Prentice, volunteer chairman of ProtectMarriage.com, is not optimistic that Walker will keep the temporary hold on his ruling.

“Based on the judge’s decision regarding same-sex marriage in general,” Prentice said, “it seems as though he will rule quickly in favor of lifting the stay and allowing same-sex marriages to take place immediately.”

California Gov. Arnold Schwarzenneger and Attorney General Jerry Brown  filed legal motions on Friday asking the judge to let same-sex marriages begin.

If Walker rules to allow same-sex marriages, an appeal is ready at the 9th U.S. Circuit Court of Appeals.

Jim Campbell, legal counsel with the Alliance Defense Fund, said the California attorney general and the governor have changed their prior course in this litigation.

“Earlier in this case, they made it clear that they thought the court should avoid the uncertainty that might result from a period of same-sex marriages that might later be declared invalid by an appellate court,” said Campbell. “Now they have taken a different position, and are essentially encouraging the court to create legal uncertainty that could be avoided by putting a stay in place.”

Campbell said this case is bigger than one San Francisco judge who ignored the law and elevated his decision above that of the voters.

“This case has ramifications for marriage and the use of the democratic process throughout the entire country,” he said, “particularly in those 44 states that currently define marriage as the union of a man and a woman.”

MARRIAGE TRIED IN THE COURT OF PUBLIC OPINION

Gay activists, distraught over the losses at the ballot box in their attempts to redefine marriage, are determined to win by “clearly and forcefully expos(ing) and rebut(ting) appeals to prejudice.”1

In their coverage of the Prop 8 trial and ruling, the mainstream media reported trended toward bias for same-sex marriage.

Jill Stewart, news editor for LA Weekly, criticized her media colleagues on CNN this weekend, regarding the media’s bias:

“I would like to say that – despite my personal feelings about the ruling and having many friends who are so happy about it – and know most journalists about the ruling because most journalists in California are liberal Democrats. – I do think the media dropped the ball in a very big way by not doing stories on the first day and second day, saying this is a major ruling that overturned voter…a major voter vote.

“Now, usually when voters are overruled by a judge (it) is a big story, saying ‘the judge ignored the voters.’ There’s always a big accompanying story. There have been very few stories like this.

“So, I do think the media got caught up in their own elation…their happiness for their friends…their happiness for what they believe in…and dropped that story. I was a little shocked. I think it is an example of media bias, despite my own feelings. They need to cover those stories. They can’t look like they are totally in the camp of the judge on this. They actually have to cover the news.”

Nevertheless, Hollywood appears to be pushing the gay agenda – and the boundaries of the First Amendment and the right to free speech.

A producer for the show Law & Order: Los Angeles just announced that an upcoming episode will attempt to “settle the issue”:

“One of the episodes that we’re doing is (about) the money behind the Prop. 8 people and the hypocrisy of black churches supporting a Proposition like that, and also looking at the whole “initiative industry” and how these lobbyists make a lot of money.”

Bruce Hausknecht, judicial analyst for CitizenLink, said that it’s no mystery that the “deck is stacked” against marriage in California.

“In addition to a state and federal judiciary filled with activists that are just waiting to make their mark on history – rather than sticking to their mundane job description of interpreting law – you have a media and entertainment industry totally in the tank for a complete re-definition of marriage, acting as cheerleaders, and, at times as propagandists for the effort,” Hausknecht said. “California voters have been cheated. Their collective decision was upended by an activist judge. There’s a word for that: tyranny — and Americans have little stomach for it.”

FOR MORE INFORMATION
30 Years of Research that Tell Us, ‘A Child Deserves a Mother and a Father’

Why Not Same-Sex Marriage?

The Huffington Post’s, “Courting the Voters on Prop 8” [Opposition Article]



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