Prop 8 trial reenactment opens today (on YouTube)


In response to a decision by the US Supreme Court to stay the broadcast of Perry v. Schwarzenegger, LA filmmaker and actor John Ireland announced he is filming a reenactment of the civil trial that could overturn California’s Proposition 8, and posting it on YouTube. Just no powdered wigs or handlebar mustaches, please.

“People want to see this drama unfold and there is a tremendous narrative that was propelled by that first day of testimony,” Ireland told On Top Magazine on Sunday. “This is the first time that gay and lesbian people have talked about their lives in federal court. It’s historic from that point of view.”

No word on who’s playing hottie Ted Olson, the conservative superstar lawyer who’s turned his brains and ethics to helping the marriage fight, or his bumbling opponents, but Ireland is using accounts of the trial provided by reporters and observers who are liveblogging the trial all over the interwebs.

The same decision that banned the video broadcast of the Prop 8 trial may be a bad omen if Perry v. Schwarzenegger reaches the Supreme Court, says the LA Times (h/t The Advocate).

“The worst-case scenario is a 9th Circuit ruling in favor of [marriage equality],” said Vikram Amar, a law professor at University of California at Davis and a former court clerk. “That will force the Supreme Court’s hand, and it will lead to a bad precedent. I don’t see the five justices [who voted against the YouTube broadcast] to affirm that. There may not be two or three even.”

That same 5-4 split could have broad implications for public disclosure laws when the court considers whether or not the names of 130,000 anti-gay Washingtonians who singed the petition to put Referendum 71 on the state’s ballot last year. (h/t Joe.My.God)