Releasing the Prop 8 Videos

 

People in an open society do not demand infallibility in their institutions, but it is difficult for them to accept what they are prohibited from observing – Chief Justice Berger

Former Chief Judge Vaughn Walker, who presided over the Prop 8 trial, recently used some of the video that was taken during the case as part of a lecture.  The Proponents, aka supporters of Prop 8/opposers of gay marriage, immediately took great offense and sent what was essentially a cease and desist order that demanded the return of all the copies of the tapes, Walker's and anyone else who had them.

 
In response, Ted Olson and David Boies, the legal tour de force trying to lift the gay marriage ban, filed a request that the tapes be unsealed and released to the public.  After all, the trial is a matter of public record and the transcripts are freely available.
 
Originally, the trial was going to be broadcast live, but the Proponents felt like this might scare some of their witnesses away, and so they demanded that it not be broadcast.  Judge Walker taped it, but didn't release the tapes, to the great disappointment of the men and women across the country who wanted to see the greatest trial of the greatest civil rights battle of our time.

No one can really blame the Proponents for not wanting to have video footage of just how appallingly awful their defense of Prop 8 was.  They want to continue to play the victim here — they want to sell the idea that gay marriage is somehow a violation of religious liberty, rather than being completely the other way round.  The video of their disastrous performance would only reveal that they are driven solely by religion and bigotry — and that they aren't even capable of hiding that fact.

Some things that they don't want you to see on television, things that their own anti-equality witnesses did: a witness saying that DADT and DOMA were "Official Discrimination"; that same witness then saying Prop 8 was also discriminatory; Mr. Blankenhorn, their chief witness saying, "I believe that adoption of same sex marriage would be likely to improve the well-being of gay and lesbian households and their children"; Blankenhorn also saying, "We would be more American on the day we legalized gay marriage than the day before".

Well, I mean, no wonder, right?  But that's exactly why these things need to be released.  People need the opportunity to see how feeble the defense was and to really understand how motivated by religion the campaign against equality was.  Not everyone is as nerdy as me and reads trial transcripts because they find them so compelling — video is the medium of our lives, and well do the religious know that since it is the medium through which they sold their hate.

The vast majority of the money and on-the-ground support for the Prop 8 campaign came from the Mormon church, supplemented by the Catholic church.  This isn't even money from California, and it's certainly money that ought to take away their tax exempt status.  People need to be shown the kind of lies they were telling to get people to vote against marriage equality, the emotional manipulation about children and families, things so blatantly false they might be defended with the disclaimer: "not intended to be a factual statement."

Gay marriage doesn't destroy families, it doesn't destroy children, it really doesn't do much except make some people very happy and give them access to rights that the rest of us take for granted.  The trial provided an overwhelming amount of evidence that refusing marriage rights not only hurt gay people, but also hurt the thousands of children of LGBT parents.  It hurts these children irreparably, immeasurably, forever.  This wasn't in question, gay marriage opponents agreed.

These tapes shouldn't just be released, they should be broadcast on every news channel for weeks to expose just how rotten the argument is against gay marriage.  If you've ever questioned why church-state separation is so important, this is why.  If conservative Christians (and I include the LDS) hadn't funded the gay marriage ban, it wouldn't be in place, and even they couldn't create enough money to make credible witnesses or a real argument against gay marriage.  The monstrous unfairness of the church taking over, infiltrating, and outright buying the political process only to then lie to the public to get their way has got to stop.  Not only is it immoral, it is un-American.

Proponents motion for return of videos http://www.scribd.com/doc/52945974/CA9Doc-338
Vaughn Walker's response: http://www.scribd.com/doc/53041973/CA9Doc-339-Letter-from-Vaughn-R-Walker
Olson and Boies request for unsealing of videos: http://www.scribd.com/doc/52945974/CA9Doc-340
San Francisco's feisty response: http://www.scribd.com/doc/52945974/CA9Doc-341

 

The Adult Bullies

I haven’t written anything on the many suicides of bullied teens.  Partially because it’s so awful I have a hard time willing myself to actually sit down and think about it for any length of time.  Dan Savage has been at the front of this, starting the “It Gets Better” video series and generally being willing to speak out for the kids who aren’t being treated right.

One thing he’s done that has pissed some people off is to accuse religion, particularly Christianity, particularly Fundamentalist Christianity, of being complicit at best in the bullying, harassment, and assaults that led to these children taking their own lives.

The dehumanizing bigotries that fall from lips of “faithful Christians,” and the lies that spew forth from the pulpit of the churches “faithful Christians” drag their kids to on Sundays, give your straight children a license to verbally abuse, humiliate and condemn the gay children they encounter at school. And many of your straight children—having listened to mom and dad talk about how gay marriage is a threat to the family and how gay sex makes their magic sky friend Jesus cry himself to sleep—feel justified in physically attacking the gay and lesbian children they encounter in their schools. You don’t have to explicitly “encourage [your] children to mock, hurt, or intimidate” gay kids. Your encouragement—along with your hatred and fear—is implicit. It’s here, it’s clear, and we can see the fruits of it.

I think Dan has a hard time choosing between most Christians are gay bashers and most gay bashers are Christian. The second is definitely true, in the US at least. The more religious you are, the more likely you are to teach your kids that homosexuality is evil or, as someone told me the other day in an attempt to really sell me on the idea that he was a liberal Christian and ok with LGBT, “gays are no worse than murderers”.

I agree with Dan, Christianity and the religious right in this country are absolutely complicit in making it OK for kids to say horrible things about homosexuals. I think he’s also responding to things like the Prop 8 campaign, which made a point of never explicitly saying that gays will fuck your children, but heavily implied it and was funded by the Mormon and Catholic churches. As long as Christians think that it’s OK for their faith to allow them to treat homosexuals as less than human (and yes, refusing to support gay marriage is treating them as less than human) they are supporting bullying. They ARE bullying, just in a less personal way.

I’m not sure how people are missing that, so I’ll say it again: if you don’t support the right to gay marriage you are a monstrous bully.  If you think you’re morally superior to the kids who drove these children to suicide, you are not.  You are worse, because you’re old enough to know better.  If your religion tells you to treat other people as subhuman, then your faith is evil.

I will stop accusing Fundamentalist Christians of being bigots when they stop acting like them.