Today, Michelle Malkin is making much of Chief U.S. District Judge Vaughn Walker “unprecedented ruling” to videotape the federal trial challenging California’s Proposition 8.
Michael Kirk, the lawyer for Prop 8 proponents “argued that allowing the proceedings to be viewed outside the courthouse would violate their right to a fair trial by intimidating their witnesses.” Citing former federal district judge Paul Cassell, who finds it “highly unusual for a judge to authorize televised proceedings for this particular case as part of some new ‘pilot’ project to see how televised proceedings work“, Michelle contends:
This isn’t a sincere educational effort to provide transparency to the public. It’s a flagrant attempt at making Prop. 8 a show trial — and intimidating Prop. 8 backers who will be called to testify.
Just based on the antics of those Michelle dubs the “anti-Prop. 8 mob,” there is much merit to her argument. Members of this “mob” seem more interested in political theater than in rational argument. Among the advocates of gay marriage, Jonathan Rauch stands out, largely because he prefers level-headed persuasion to self-righteous chest-thumping.
Just yesterday, “Equality California” sent out an e-mail blast encouraging people to rally at a San Diego hotel owned by a man who made a generous contribution to the campaign to put Prop 8 on the ballot. They’ve even chartered vehicles to bus people from West Hollywood to the rally. Yeah, that’ll help.
Instead of engaging in political theater, they could better use their resources by taking the time to understand the arguments of gay marriage opponents and developing counter-arguments. There’s no need to televise this trial nor to boycott a hotel, but there is a need to argue effectively. As the gay leadership has repeatedly demonstrated its inability to do just that.