Prop 8 Tapes: Why Do Anti-Gay Marriage Lawyers Not Want The Tapes Seen?
I’ve been working a question over and over again in my head ever since U.S. District Judge James Ware ordered the release of video tapes made during the Proposition 8 trial, and after that same material was promply suppressed again thanks to the histrionic efforts of… well I don’t know who exactly, as that is sort of the point, so let’s just say it was John Lithgow from Footloose.
Anyway, something about this whole thing doesn’t make sense to me. Why would the anti-gay proponents of Prop 8 want these tapes suppressed?
It’s not that they haven’t given a reason. The prop 8 supporters have claimed that witnesses may face some kind of retaliation for their testimony. They also mention that the Supreme Court said the trial couldn’t be broadcast live, and that these tapes were made for Judge Walker’s “Personal Use.” In fact, bigots across the nation seem pretty cheesed off that these recordings exist at all.
Whatever.
Look, I am not a lawyer. In fact, I’ve seen just enough “Law and Order” to sufficiently scramble my brains to the point where if there was something the opposite of a lawyer, I would be that. I don’t know anything about the legal arguments involved in this case, or how strong they are, or what statutory basis exists to support the release or suppression of this material. I honestly don’t care. I feel it should be seen, mostly because I want to see it. Plus I’m pretty sure it makes homophobic people look bad, which is always nice.
My question is one of motivation. Why wouldn’t the hate spewing bile throwers that support this reprehensible amendment to California’s constitution want this information out there? I thought this was supposed to be their best argument for opposing gay marriage, laid out in all its legal splendor. It was their opportunity to once and for all demonstrate in a court of law the dangers of the “gay menace,” and illustrate the validity of their point of view for all to see. Not only could they win a major victory in their quest to pee in the lemonade of LGBT people everywhere, but they could also prove beyond a doubt the righteousness of their position. Wasn’t that the premise around which their entire case was made? Why then would they fight so tirelessly to keep this grand display a secret?
I think it’s because they know their argument sounds weak, and they are too cowardly to put their names on it. No real basis for their bigotry exists, and they know it.
Also, they don’t like a fair fight, because they can’t win one. Their ability to market the “evils of homosexuality†depends entirely on being able to define what being gay means. The basis for their hatred only seems plausible inside the dense atmosphere of misinformation, slander, and suppression that they must create in order to sustain their resistance. They can only exist for as long as they can convince people that gays destroy marriages, corrupt the young, and poison society. Once the pink boogeyman is revealed as simply one more type of person, no more or less dangerous than any other random stranger, the entire structure collapses. Without a full cast of society destroying villains, anti-gay activists are just nosy bigots who should probably mind their own business.
Once they have to make their case juxtaposed against actual non-threatening gay families, they are revealed as the bullies they really are. Every statement from every witness becomes its own little PR nightmare. This is the reason they don’t want these tapes seen.
And let us dispense with the notion that these craven, nasty, and boundlessly vile witnesses who took the stand to support Prop 8 should enjoy any anonymity. They say they want these tapes suppressed to prevent a “chilling effect.” I had to look this up, so please forgive my simplistic explanation, but a chilling effect is basically this: A witness is put in a position where they are forced to speak to their beliefs on a certain matter. The nature of these beliefs are such that expounding them would hurt their reputations, and as a result of the negative consequences prompt the witness to censor themselves. I call this the “I hate gays, I just don’t want them to know about it so I can keep getting their money†rule. Screw you. I have a right to know who hates me, or at least who hates me enough to say so in a court of law.
There is a misunderstanding about free speech that has gotten a little out of hand, and I’d like to clear it up now. As an American citizen, you are free to say anything you want without fear of governmental sanction. This in no way protects you from other people thinking you are an asshole for what you said. It’s a sort of free speech symbiosis. It’s called taking responsibility for what you say, or to put it more plainly, integrity.
Conservatives can’t have it both ways. They can’t both attempt to dehumanize the LGBT community, and then strut around like they are fully inclusive people with a few differences of opinion. They can’t both say bigoted things, and then claim not to be bigots. It doesn’t work like that.
Mostly I’m confused about the logic involved. These people are aware enough of themselves to know that suppressing these tapes is a good idea for them. They know how they will come off. They know that the picture they have painted of gay people is a lie, which is why they are scrambling to cover it up.
Yet, if their argument is based on nothing, why make that argument in the first place? Where is this hate coming from? Nowhere? Is it because they think gay sex is icky? It doesn’t make any sense. It’s a sort of impenetrable homophobic paradox.
And nobody say anything to me about religion. We need to stop pretending that religion has anything to do with it. The Bible says all kinds of crazy things about all manner of subjects. Nobody seems to have any problem with divorce for example, and that is covered at much greater length and far more exacting detail. The religion thing is just an excuse. It is a difficult to refute, faith-based dodge masking simple unrefined hate. I’m looking for the true source. The spark that caused all this hate. I honestly have no idea what it is.
But maybe if I can see those tapes I might be able to get a little closer to finding out, though if John Lithgow1 gets his way, I’ll never get that chance.
—
1. Apologies to Mr. Lithgow, who by all accounts gave a brilliant performance as Ted Olson in the Dustin Lance Black penned Broadway adaptation of the Prop 8 trial. He is probably a really cool guy. He is clearly talented, and anyone who can convincingly play Reverend Shaw Moore, and Roberta Muldoon, and that creepy guy from Dexter deserves a mantle crushing number of gold statues. Also, to be fair, Reverend Moore sort of turns it around at the end of that movie. It’s those book burners we need to be worried about. I wonder where they would come down on Prop 8? Do those people look familiar to any of you “Protect Marriage” ditto heads? Do you really want to count yourselves among the book burners? There is still time to have the “I’ve been such a fool” moment. It’s not too late.
(Image: via reenactment video, not an actual Prop 8 tape image.)
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Benjamin Phillips is a Humor Writer, Web Developer, Civics Nerd, and all around crank that spends entirely too much time shouting with deep exasperation at the television, especially whenever cable news is on. He lives in St. Louis, MO and spends most of his time staring at various LCD screens, occasionally taking walks in the park whenever his boyfriend becomes sufficiently convinced that Benjamin is becoming a reclusive hermit person. He is available for children’s parties, provided that those children are entertained by hearing a complete windbag talk for two hours about the importance of science education, or worse yet, poorly researched anecdotes PROVING that James Buchanan was totally gay. If civilization were to collapse due to zombie hoards or nuclear holocaust, Benjamin would be among the first to die as he has no useful skills of any kind. The post-apocalyptic hellscape has no real need for homosexual computer programmers who can name all the presidents in order, as well as the actors who have played all eleven incarnations of Doctor Who.
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Dr. Mehmet Oz, Administrator of the Centers for Medicare and Medicaid Services, is promoting President Donald Trump’s sweeping and highly controversial budget legislation by claiming it will guarantee access to the social safety net for the “right” people. He argues that, under the GOP plan, individuals will need to “earn” the right to use Medicaid—suggesting that many current recipients are capable of working but choose not to.
Almost half (47.9%) of Medicaid users under 65 are children aged 0 to 18, according to KFF, the well-known nonpartisan health policy organization. Six in ten families accessing Medicaid have at least one family member who works full time.
In a nationalistic plea, Dr. Oz, on Tuesday, standing with Senate Republicans, told people using the service to “demonstrate that you are trying your hardest to help this country be greater, by at least trying to fill some of the jobs that we have open.”
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America has a near-historically low unemployment rate of 4.2%.
“By doing that, you earn the right to be on Medicaid,” Oz added.
Dr. Oz also praised the Republicans’ legislation that would gut at least $800 billion from Medicaid, saying it is “the most ambitious health reform bill ever” and will “curb the growth of Medicaid.”
During his confirmation hearing, Dr. Oz said, “I think it is our patriotic duty to be healthy.”
Earlier this month, Dr. Oz faced widespread criticism for telling Medicaid users, “Go out there, do the entry-level jobs, get into the workforce. Prove that you matter, get agency into your own life.”
His statements suggest a possible lack of awareness of the statistics and circumstances affecting the very people he was nominated to serve.
On June 5, Dr. Oz told those who are not willing to go back to work, volunteer, or take care of a loved one, that “we are going to ask you to do something else. Go on the exchange, or get a job and get onto regular commercial insurance. But we are not going to continue to pay for Medicaid for those audiences.”
Nearly half of employers—about 46%—do not offer health insurance at all. Most exclude part-time workers from coverage. Gig workers typically receive no health benefits through their jobs. And many seasonal workers struggle to meet the monthly hour thresholds needed to remain eligible for Medicaid.
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Under the current bill, an estimated 10.9 million more people will become uninsured, according to the Congressional Budget Office (CBO).
Once again, critics are blasting Dr. Oz.
“Just want to point out, Dr. Oz has a networth of $200+ million and he is telling a single person who makes a maximum of $21,597 they don’t deserve healthcare,” noted Monique Stanton, President and CEO of Michigan League for Public Policy.
Watch the video below or at this link.
Medicare & Medicaid Services Administrator Dr. Mehmet Oz brags about the proposed work requirement for Medicaid in Trump’s budget bill.
“Demonstrate that you are trying your hardest to help this country be greater … By doing that, you earn the right to be on Medicaid.” pic.twitter.com/UrpEAfXh8o
— Heartland Signal (@HeartlandSignal) June 17, 2025
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Image via Reuters
President Donald Trump’s latest social media posts have many wondering if the United States is entering the war against Iran, and if so, what is his strategy?
At 11:55 AM, Trump posted to Truth Social, “We now have complete and total control of the skies over Iran. Iran had good sky trackers and other defensive equipment, and plenty of it, but it doesn’t compare to American made, conceived, and manufactured ‘stuff.’ Nobody does it better than the good ol’ USA.”
Minutes later, at 12:19 PM, he added, “We know exactly where the so-called ‘Supreme Leader’ is hiding. He is an easy target, but is safe there – We are not going to take him out (kill!), at least not for now. But we don’t want missiles shot at civilians, or American soldiers. Our patience is wearing thin. Thank you for your attention to this matter!”
And then, at 12:22 PM, he demanded, “UNCONDITIONAL SURRENDER!”
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To that last post, political scientist Ian Bremmer responded, “Hard to pull back from this.”
Barbara Starr, the longtime, now former CNN national security reporter, responded to Trump’s posts:
“Sometimes you want ambiguity some officials might say. But when it comes to nukes, clarity is vital to avoid catastrophic miscalculation. So there is no other conclusion…Trump is deep into a Middle East war. Just my opinion of course.”
Pointing to Trump’s social media posts, attorney George Conway, a top Trump critic, wrote: “Remember this moment. @realDonaldTrump is reveling in the narcisisstic [sic] and sadistic thrill of threatening others with violent death. He will start to crave that feeling.”
The Bulwark’s Sam Stein, also pointing to Trump’s posts, observed, “Just tweeting through the launch of another Middle East war. Treating the potential bombing of Iran by the U.S. as an episode of reality TV.”
Former Obama National Security Council staffer Tommy Vietor said of Trump’s posts, “The President of the United States can’t say s— like this and then pretend we are not an active participant in this war.”
Trump convened a meeting with his National Security Council (NSC), slated for 1 PM in the Situation Room. Notably, Vice President JD Vance, who ran defense hours earlier for Trump over the possibility of entering the war, was reportedly not in attendance.
“U.S. officials said Trump is seriously considering joining the war and launching a U.S. strike against Iran’s nuclear facilities, especially its underground uranium enrichment facility in Fordow,” Axios reported.
Former Obama chief campaign strategist and Senior Advisor to the President, David Axelrod, laid out the scene:
“Amazing that in a matter of days we’ve gone from ‘this is not our operation’ to ‘we own the skies over Iran.’ With these proclamations, we also now ‘own’ what WAS an Israeli assault. We’re thoroughly in it now. What is the strategy here?”
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CNN reports that “President Donald Trump is growing increasingly warm to using US military assets to strike Iranian nuclear facilities and souring on the idea of a diplomatic solution to end Tehran’s escalating conflict with Israel, two officials familiar with the ongoing discussions told CNN.”
U.S. Senator Elizabeth Warren noted that Congress, not the President, has the authority to declare war:
“Allowing Netanyahu to drag us into another endless war in the Middle East would be a catastrophic error by President Trump and Republicans in Congress. Every lawmaker needs to ring the alarm against U.S. military action in Iran. Only Congress has the authority to declare war.”
Many, including BBC Verify senior journalist Shayan Sardarizadeh, are pointing to Trump’s use of the word “we” in his posts. Military.com’s Pentagon reporter Konstantin Toropin suggested it would be difficult to not see the U.S. as involved.
“President Trump is using the term ‘we’ when referring to Israeli attacks on Iran, including a potential strike on the supreme leader, and calling for ‘unconditional surrender,” Sardarizadeh wrote.
“…and yet the US is not a participant in this conflict?” posited Toropin.
Pointing to polling that shows 60% of Americans oppose U.S. military becoming involved in the Israel-Iran war, former U.S. Ambassador to Russia Michael McFaul wrote: “If Trump is serious about bombing Iran, he’d be wise to declassify intelligence showing that the threat of Iran obtaining a nuclear weapon is imminent. The American people are not just going to take him at his word. Been there; done that (in 2003).”
Former Clinton Cabinet Secretary Robert Reich noted, “For Trump, a military conflict with Iran would distract from:
-Sinking poll numbers
-A devastating (and unpopular) budget bill
-Harmful trade wars
-Unleashing the military on American soil
-Millions of people protesting his authoritarianism
We must remain on high alert.”
U.S. Senator Ruben Gallego (D-AZ) wrote: “Having seen some of the worst fighting of the Iraq War, I know the devastating toll of rushing into a conflict. I came back from Iraq angry at our government for sending us out to an illegal war. We must learn from our mistakes: no president should unilaterally deploy troops to the Middle East. Congress, not the President, has the sole power to declare war.
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A former viewer of Jake Tapper’s CNN program, expressing deep disappointment, publicly criticized the veteran journalist for publishing a book that portrays President Joe Biden in an unflattering light and alleges cognitive decline. The viewer argued that Tapper should instead be scrutinizing what she described as the “erratic” behavior of President Donald Trump. Tapper defended his stance, attributing Trump’s behavior more to “personality” traits than to “cognitive decline.”
On a C-SPAN call-in show (video below), the viewer, identified by the name “Sarah,” told Tapper, “right now, I really don’t like you.”
She accused Tapper of doing a “disservice” to President Biden, “and also to the American people.”
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“When are you going to examine, you know, what is going on with Trump?” she asked.
“Joe Biden conducted himself for four years, taking care of the United States. He took meetings, he went overseas, he negotiated with other leaders.”
But President Trump, Sarah said, “has been pure chaos, which indicates to me that there is something wrong with him.”
“We will never get a straight answer on his medical examination. What medication he is on,” she charged.
She also accused Tapper of going after President Biden “with a vengeance,” and expressed that she is “very disappointed” in the reporter.
“I enjoyed watching your show, but not anymore,” she added.
The caller urged Tapper to write another book, focused on President Trump, “and how erratic and what he is doing—calling out the National Guard, the Marines and everybody. When has a President ever done that? It is pure erratic.”
Tapper, who sat through the 75-seconds of criticism largely stone-faced, responded by saying that on CNN he does cover President Donald Trump “every day for two hours, every day from 5 to 7 Eastern.”
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He insisted that they “cover all the things you talk about, in terms of the president, the current president’s behavior. We have covered times that he has confused Nancy Pelosi with Nikki Haley.”
But Tapper appeared to disagree with Sarah’s perception that “there is something wrong” with President Trump. Despite his age (79) and reported lifestyle, Tapper insisted, “I think some of the questions about President Trump’s behavior have more to do with personality than with cognitive decline.”
“But obviously,” he continued, “whatever lessons we’ve learned from covering President Biden, we would apply to any politician, any future politician or present politician.”
So I’m sorry, if I’m disappointing you by covering President Biden, but journalists, we are supposed to cover stories that we think the American people have a right to know, that we think will enhance their understanding of how the country’s run, and I think Alex and I are proud of this book.”
Watch the video below or at this link.
C-SPAN caller to Jake Tapper: “Right now I really don’t like you … When are you going to examine what’s going on with Trump? … this president has been pure chaos, which indicates to me that there is something wrong with him. We will never get a straight answer on his medical… pic.twitter.com/juTOEOOL6z
— Aaron Rupar (@atrupar) June 17, 2025
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