An emergency appeal by Prop. 8 proponents has been filed with the U.S. Supreme Court to bar video coverage of the trial proceedings. The appeal was referred to Justice Kennedy who can rule himself or send the request to the full Court. This latest development has come as an early test of the Justices' views on gay marriage in general and broadcasting federal trials in particular. The ruling of Justice Kennedy, who has testified in Congress in favor of allowing cameras in federal court, might offer an inkling of whether he would be receptive of a potential argument by Prop. 8 proponents on future appeal (if they lose at trial) that their right to a fair trial is violated by Judge Walker's order allowing the broadcasting of Prop. 8 trial.01/09/10 LGBT POV, by journalist Karen Ocamb:
Since [9th Circuit Chief Judge] Kozinski has not yet ruled on whether the closed circuit feed can be placed on YouTube – and the response brief is due at noon (EDT) – 9:00am Pacific Time – hundreds of people like me could be mid-air or just touching down in San Francisco only to find that Kennedy has granted a stay and the trial has been delayed. For smaller LGBT publications and freelancers who are taking a financial hit to cover this as LGBT history, a delay would feel as if the Prop 8 proponents are delivering one more sucker punch, one more twist of the knife to make us pay dearly for pursuing our constitutional rights.