L.A. filmmakers produce video of same-sex marriage trial

Two Los Angeles filmmakers are shedding light on a federal trial concerning same-sex marriage in California, whose proceedings were blacked out by the U.S. Supreme Court.

Using the work of courtroom bloggers, official transcripts and professional actors, John Ireland and John Ainsworth are bringing the trial to life, filming and publishing a 12-part series depicting each day of the proceedings in a San Francisco federal courtroom.

Like many Californians, Ainsworth said he sat down at his computer the morning of Jan. 13, hoping to watch the trial on the constitutionality of prohibiting same-sex marriage in California, and was outraged when he found out it would not be shown on YouTube, as originally planned.

Supporters of Proposition 8, California’s same-sex marriage ban, had argued that airing the trial over the Internet could open witnesses up to intimidation or retaliation by gay-rights advocates. The Supreme Court sided with Proposition 8 supporters, arguing in a 5-4 opinion that witnesses could face “harassment as a result of public disclosure of their support” for the ban.

“How dare they block the access to public information?” said Ainsworth, who had married his partner before the ban on same-sex marriage went into effect in November 2008.

Then Ainsworth received a call from his friend Ireland, who also had married his partner before the ban. The two came up with the idea to collect data from courtroom transcripts, bloggers’ dispatches, text messages and other sources to produce the video series.

It came together fast, Ireland said. They started building scripts from blog items Jan. 14 and by the next day released a list of characters to actors and casting directors. The project attracted more than 500 submissions for about 40 roles. Among the actors who signed on were Academy Award nominee Tess Harper and Adrienne Barbeau. All the actors volunteered their time, Ireland said.

They held auditions Jan. 16 and started shooting Jan. 17. The first episode aired Monday, and the filmmakers hope to get the second one up on their own website and on YouTube by the end of the week. Ireland and Ainsworth combed through nearly 3,000 pages of court documents to create the script.

Because each episode closely tracks what happened on each trial date, the episodes vary in length. The first is 5 1/2 hours, and the longest is set to come in at about nine hours.

Ainsworth said the intention was not to advocate for one side or the other.

“We're not trying to have it be a social commentary,” he said. “We're literally just trying to get the information out there.”

The directors are in the process of shooting the eighth episode and plan to shoot a 13th after closing arguments, likely to take place in several weeks. The 12th day of the trial was Jan. 27.

“I strongly believe that our court system should remain transparent,” said Ireland, a former civics teacher. “Our judicial system works best when it is not hidden from the public.”

Constitutional law expert Edward Whelan, a conservative critic of U.S. District Judge Vaughn Walker, who is presiding over the federal trial, said the videos could be helpful to the public without presenting a threat to Proposition 8 supporters who feared retaliation.

“Obviously that’s perfectly within their rights,” Whelan said of Ireland and Ainsworth. "The fact that it’s not being done by showing the real witnesses does a lot to mitigate some of the injury that could reasonably have been expected from Judge Walker’s show trial.”

-- Amina Khan

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Comments

[Hayden Campbell]

Amusing that Edward Whelan calls it a "show trial." I guess you could look at it that way. It SHOWS just how weak the case against gay rights is. If it weren't true, then why are the anti-gays so afraid of being seen by the public? The "retaliation" excuse is pathetic. The anti-gays don't want the public to see what scurries out from under the rock when it's turned over. They want to hide the weakness of their argument. They want to hide their hate and bigotry and ignorance.

The truth is that gays and lesbians are the ones that get bashed and deprived of their rights, not the defenders of Prop 8.

[Spewie McDermott]

Just say 'No' to poofters...Si Se Puede!!!

[siulmai]

Hey Hayden ,

I'm sorry but the "retaliation" excuse is not pathetic. If you remember after the Prop 8 vote, a lot of people that voted for Prop 8 were hounded at their place of employment. But of course you forgot about that. You have a funny selective memory.

[rah62]

This film project is the dumbest thing I've heard of in years. I guess reading the transcript is too difficult for people?

[Tommy Trojan]

Story was available on neontommy.com a week ago.

http://blogs.uscannenberg.org/neontommy_higherground/2010/01/prop-8-trial-finds-its-way-to.html

[JR]

How phoney and baloney! And how creditable and accurate will this show be? Not very!

And to answer Hayden Campbell's assertation that "retaliation is a pathetic excuse", gay activists have shown their willingness to be extreme by invading and vandalising churches and threatening their opponents. This is a documented track record that is real, not imagined.

The belief that being "gay" is a civil right just shows how ignorant people are about what constitutes a civil right. I believe this trial will go badly for gays.

[DrZaius_H8s_U2]

@Hayden Campbell:

"The 'retaliation' excuse is pathetic."

Actually, no, it is not. Pro-gay marriage extremists violently harassed many people who signed the Prop 8 petition or supported the cause financially at their homes and workplaces. But I am sure that such intimidation is fine with you.

I voted for Prop 8 and have no regrets. You can scream accusations of 'hate and bigotry and ignorance' all you want but THAT is the real pathetic argument in this discussion. I voted for Prop 8 out of simple (non-religious) conviction, a belief that the monogamous union between one man and one woman is the only true definition of 'marriage'. I voted, not against anyone, but in support of tradition, culture and heritage.

I have absolutely no problem with 'gay unions' but I do not want the word 'marriage' to be used to describe them. Is THAT too much to ask? One simple word that we heterosexuals have for our own? Homosexuals are some of the most creative people in our society, surely they can come up with an alternate, non-controversial terminology that means basically the same thing but is unique to their orientation. After all, it wasn't too long ago that the very word 'gay' had a completely different connotation. Homosexuals adopted that word and made it their own. Now it cannot be used as it once was without inducing, rightly or wrongly, a slight grin.

So stop whining about losing in your attempt to dictate to the majority what we are to believe and get on with the work of creating your own unique tradition that we can all support.

[Jeff K.]

Wow, Spewie. Your argument is a veritable tsunami of logic and clear thought. How c0uld one possible disagree with such a well-thought-out position? I stand in awe of your impeccable reasoning. Then again, this is the level of Republican thought nowadays. How long until you clowns descend into merely a series of grunts...oh wait, I just heard Beck's latest screed. Looks like you are there already.

Simple - equal rights for all.

[Laila Leah]

Why are gays trying so hard to spread their propaganda? Because they want to intimidate us.

As evidenced by the acts of physical violence and vandalism by gays when Prop 8 passed we can see that they will stoop to the lowest possible low in order to force their lifestyle upon us.

Gays are not entitled to special carve outs because of a personal decision to have sex with people of their same gender.

[Michael]

why don't people worry more about how we are going to pay for all those past bond measures they voted for, or how the government keeps trying to cram more taxes down our throats, and less about homosexuals getting married?

[davidozone]

We need to stop lying to every one in this nation.Why do we have laws and teach children that this is a fair and democratic society and that we as a nation register to vote and examine the issues and cast a vote and a majority decision is law?The homosexual community is one of if not the major users and abusers of Crytal meth,ammo nitrate,cocaine and marijauna.They have their bathhouses,hollywood Blvd and even a city called west hollywood,a governess named Susan Kennedy.All ths and they are still are insatiable.They will not stop until they have a U.S president and will make heterosexuals hide in a closet.

[Nicole Smith]

The reasoning behind not publicly showing this trial to begin with made me laugh. Prop 8 proponents are afraid of harassment? What about the gays and lesbians that deal with harassment throughout their life. Once again hypocrisy wins!

[concerned citizen]

Hayden, you need to wake up. Prop 8 supporters are not ignorant nor are they bigots. Homosexuality is morally wrong. period. This vote has been placed before voters 32 times in this country. It has lost 32 times. The State of New York a few weeks back voted 38-20 to defeat a gay marriage bill there. Just because we are tolerant, does not mean we accept it.

[Lou Bricano]

Of course it's a show trial, and the effort to try to show video of the trial is an attempt at intimidation by the homosexual lobby. Nothing could be more clear.

[spatula]

Like roaches and rats, the multi-million-dollar anti-gay hate industry prefers to operate under cover of darkness.

Kudos to these filmmakers for shining some light on their hatred and fallacy.

Whatever the outcome of this trial, ultimately history will not look kindly upon these shameless and shameful neo-klansmen.

[Alex]

What a brilliant idea! Cant wait to watch it, at least this way more people will see it cos reading it is boring.

And Hayden is right, the pro-h8ers have no defense, they can only spew out unsubstantiated, ill-informed, unscientific nonsense.

The pro-gay/pro-equality arguments are cogent and clear to any reasonable person with one brain cell or more (sorry, that excludes bigots)

[Marco Luxe]

Amina Khan: What does the LA Times style book say about terms to use with married people? I'm sure the gender neutral "spouse" or gender-specific "husband" or "wife", or, if refered to before marriage, "fiance" or "fiancee" is specified. "Partner" is always confusing and quickly becoming anachronistic.

Viz: “How dare they block the access to public information?” said Ainsworth, who had married his PARTNER before the ban on same-sex marriage went into effect in November 2008.

[Marco Luxe]

siulmai: NOT ONE PERSON was fired for voting for Prop 8! You lie for political sympathy. The few stories post prot 8 regarding employment noted that a few people voluntarily resigned because they had hurt their employer's business by alienating customers. In the stories I've researched, the few affected were all ordered by the Mormons to donate [or not get into LDS heaven]. They simply chose to act according to their religious hierarchy to the detriment of their work. They were blinded by their "prophet" in SLC. They deserve no sympathy, although that is the exact goal of their political strategy.

[Marco Luxe]

siulmai: the use of "retaliation" is pure posturing to de-list pro prop 8 expert witnesses whose testamony would itself weaken the defense.

Think about it. These experts publish their opinions to establish an academic reputation. They WANT publicity, as it gives them wider forums and the prestige they desire. Also, the last two experts that were dropped by the defense were CANADIAN academics from eastern provinces. They couldn't reasonably expect any fallout from CA except looking foolish to their academic peers. Think!

[Leana]

That whole argument against having this trial filmed is just bogus. The people testifying in favor of gay marriage are far more likely to have someone come after them and face discrimination in general than anyone testifying in favor of prop 8. I'm bisexual- and i've lived as both a lesbian and a straight person in the eyes of other people. You face a lot more discrimination if you are outwardly gay. It's just how society works. I call foul on all the bigots out there who claim "they" are discriminated against- just because they don't get free reign to tout their prejudices.

[nate]

This isn't about equal rights. Under the Domestic Partnership laws set forth in the California Family Code, gay unions are protected with the exact same rights as heterosexual couples. Equal rights is a played out and false argument. They do not have equal rights on a federal level, and likely never will. Marriage is between a man and a woman. Why are they fighting so hard to use that word. And the majority has spoken!

[nate]

Oh, and someone tell me exactly what rights gays are being deprived of in California... Good luck!

[nate]

How dare the California Supreme Court overturn the previous ban on gay marriage that led to this fiasco. The people voted. You don't like it? Move to a European country that recognizes gay marriage. The majority of Californians do not feel it should be recognized.

[bmcminn]

Those poor bigots want to hide behind their hoods just like the clan. Their not so tough when they cant hide. I think showing the trial is great! The info will get out dispite the whining of the little bigots! Ha Ha Ha ha. We will prevail! The bigots will always lose. Get over it.

[Farnsworth]

I think it's absurd that peoples rights are even put to vote in this country. It's exactly the same as putting a black persons rights on a ballot as if any other human being has a say in what another human can or can't do with themselves or another consenting adult. All those against prop 8 by their own actions should be ready to take whatever hits they get. If three people decide to fire them, they should say thankyou for upholding majority rule. Prop 8 Supporters are idiots and should have their right to marry revoked.