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Supreme Court OKs making video records of Prop 8 trial open to public

Efforts to unseal tapes has gone on for a decade

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Activists stand in front of the United States Supreme Court on March 26, 2013 for a rally in support of marriage equality. (Washington Blade file photo by Michael Key)

The U.S. Supreme Court announced on Tuesday it has declined to take up a case on video recordings from the 2010 trial against the California’s marriage ban known as Proposition 8, effectively green-lighting the process for making those confidential records open to the public.

Justices signaled on Tuesday they wouldn’t intervene in an orders list that included the litigation, Hollingsworth v. Perry, under a section of cases where certiorari was denied. Although the vote of individual justices isn’t listed, the denial of certiorari means there wasn’t at least three justices who would agree to take up the case when the issue came up in conference.

The battle over the video documentation of the trial has been going from more than a decade. U.S. District Judge Vaughn Walker, who presided over the case and later ruled against the same-sex marriage, is now retired and has since come out as gay himself. With the tapes sealed, gay writer Dustin Lance Black in 2012 wrote and produced a play based on the transcript of the trial, which featured high-profile Hollywood actors such as Brad Pitt, George Clooney and Kevin Bacon.

The U.S. Ninth Circuit Court of Appeals had ruled in November 2021 in favor of opening up the video record of the trial, despite efforts from proponents of the marriage ban to keep the material under wraps. The appellate court issued its decision on the basis of standing, finding proponents in the case failed to show they’d suffer injury if the records were made public or that opening up the tapes would harm the judicial process.

Christopher Dusseault, partner at the law firm Gibson, Dunn and Crutcher and attorney for plaintiffs in the case, hailed the Supreme Court’s decision in a statement to the Washington Blade.

“We are thrilled that the Supreme Court has denied the petition by supporters of Proposition 8 to seal the trial video of the successful constitutional challenge to California’s prohibition of same sex marriage, clearing the way for public release of this important historical record.” Dusseault said. “While the trial took place more than twelve years ago, the lessons that it teaches about equality and justice could not be more vital today. At long last, the public will be able to see for themselves how and why an unconstitutional, unjust and unfair ban on marriage equality fell in California.”

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The White House

Press secretary addresses ‘gut-wrenching’ death of Nex Benedict from the briefing room

‘Every young person deserves to feel safe and supported in school’

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White House Press Secretary Karine Jean-Pierre delivers a briefing on Feb. 23, 2024 (Washington Blade photo by Christopher Kane)

White House Press Secretary Karine Jean-Pierre began Friday’s press briefing by expressing how “absolutely heartbroken” she was to learn about the death of nonbinary Oklahoma teenager Nex Benedict.

“Every young person deserves to feel safe and supported in school,” she said. “Our hearts are with Nex Benedict’s family, friends, entire school community in the wake of this horrific and gut wrenching tragedy.”

Jean-Pierre added, “I know that for many LGBTQ+ students across the country this may feel personal and deeply, deeply painful. There’s always someone you can talk to if you’re going through a hard time and need support.”

“The president and his administration launched the 988 line to help, and we have a line dedicated to serving LGBTQ+ young people that can be reached by dialing 933 and pressing 3,” she said. “Through devastating tragedies like these we must support each other and lift one another up.”

Authorities are still investigating the circumstances surrounding Benedict’s death on Feb. 8, which allegedly came the day after they were attacked in a restroom at Owasso High School, which followed months of bullying from peers.

This week, political leaders including Vice President Kamala Harris, Speaker Emerita Nancy Pelosi (D-Calif.), U.S. Rep. Mark Pocan (D-Wis.) and Jean-Pierre issued statements on X, formerly Twitter.

In recent years the state of Oklahoma has become a hotbed of anti-LGBTQ legislation, including an anti-trans bathroom bill signed into law by Gov. Kevin Stitt in 2022.

Many LGBTQ advocates responded to news of Benedict’s death by calling out the escalation of hostile policies and rhetoric targeting transgender and gender-diverse communities, which advocates have warned can carry deadly consequences.

Human Rights Campaign President Kelley Robinson has urged federal investigators at the Justice and Education Department to get involved in the case.

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Oklahoma

White House, national groups respond to nonbinary Okla. teenager’s death

Nex Benedict died after reported assault

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Nex Benedict, a 16-year-old nonbinary student from Oklahoma, died on Feb. 8 after a fight at their high school. (Family photo)

White House Press Secretary Karine Jean-Pierre and national advocacy groups issued statements on Wednesday about the death of nonbinary Oklahoma teenager Nex Benedict after they were allegedly assaulted in a high school restroom.

Benedict died on Feb. 8. According to ABC News, officials investigating the incident said they will be interviewing students and staff “over the next few weeks” and plan to share findings with the Tulsa County District Attorney’s Office.

The victim’s mother told the Independent that Benedict had suffered bullying over their gender since the start of the 2023 school year, shortly after Oklahoma Gov. Kevin Stitt signed a bill to prohibit students from using public school restrooms that do not match the sex listed on their birth certificates.

“Every young person deserves to feel safe and supported at school,” Jean-Pierre said in a post on X. “Our hearts are with Nex Benedict’s family, their friends, and their entire school community in the wake of this horrific tragedy.”

Calling Benedict’s death a “gut-wrenching tragedy that exposes the chilling reality of anti-trans hatred,” Human Rights Campaign President Kelley Robinson said. “We are reaching out to the DOJ, we are encouraging the community to speak out.”

Along with Robinson’s remarks, HRC’s Press Team included a link to the organization’s blog post about Benedict and a statement from Tori Cooper, director of community engagement for the HRC Transgender Justice Initiative:

“Extremist anti-LGBTQ+ hate accounts, like online troll Chaya Raichik, the woman behind ‘Libs of TikTok’, who was recently appointed to Oklahoma’s library advisory board, are perpetuating a vile and hateful narrative that is permitting these types of public attacks,” she wrote.

State schools superintendent Ryan Walters, who last year called transgender youth using public restrooms “an assault on truth” and a danger to other kids, was responsible for naming Raichik to the library media panel.

“The assault on Nex is an inevitable result of the hateful rhetoric and discriminatory legislation targeting Oklahoma trans youth,” Lambda Legal, the American Civil Liberties Union and the ACLU of Oklahoma wrote in a joint statement.

“We are deeply troubled by reports the school failed to respond appropriately to the altercation that preceded Nex’s death and demand a thorough, open investigation into the matter,” the groups wrote.

Their statement also notes the organizations’ lawsuit challenging Oklahoma Senate Bill 615, the bathroom bill signed by Stitt last year.

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U.S. Supreme Court

Alito renews criticism of the Supreme Court’s landmark marriage equality ruling

Obergefell decision allowed same-sex couples to marry around the country

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U.S. Supreme Court Justice Samuel Alito speaks at a conference in D.C. in December 2023 (YouTube screenshot)

Conservative U.S. Supreme Court Justice Samuel Alito on Tuesday renewed his criticism of the landmark 2015 ruling in Obergefell v. Hodges that established the nationwide constitutional right to same-sex marriage.

His remarks came in a 5-page order that was written in connection with the High Court’s decision not to hear Missouri Department of Corrections v. Jean Finney — a dispute over whether a juror’s position that “homosexuality, according to the Bible, is a sin” can be the basis for striking him from an employment discrimination case that was brought by a lesbian.

The conflict, Alito argued, “exemplifies the danger” he foresaw in the Supreme Court’s same-sex marriage ruling, which was decided by a 5-4 majority with Alito among the justices who dissented.

Specifically, Alito raised concern in his statement that “Americans who do not hide their adherence to traditional religious beliefs about homosexual conduct will be ‘labeled as bigots and treated as such’ by the government.'”

“The opinion of the court in [Obergefell] made it clear that the decision should not be used in that way,” the justice wrote, “but I am afraid that this admonition is not being heeded by our society.”

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