Brody's Scribbles... Into the Closet

Photo By The Associated Press

By Linda Greenhouse (New Haven, Connecticut) Jan 14 | Has anyone noticed that now that lesbians and gay men have left the closet to assert their equal rights as citizens, their adversaries seem to be running for a closet of their own?

My observation is, of course, prompted by the success that opponents of same-sex marriage had this week in persuading the Supreme Court to bar cameras from the San Francisco courtroom where Proposition 8 is now on trial. That is the amendment that California’s voters added to the state’s Constitution to provide that “only marriage between a man and a woman is valid or recognized in California.”

Judge Vaughn R. Walker of United States District Court for the Northern District of California, presiding over the challenge to Proposition 8 in the non-jury trial that began on Monday, announced last month that the court would provide a live video feed to enable remote viewing elsewhere in the courthouse as well as in federal courthouses in four other cities. He also raised the additional prospect of later posting on YouTube and the Internet. The Proposition 8 defenders, claiming that their witnesses would face harassment if their testimony was broadcast beyond the courtroom, asked the Supreme Court to block the plan. By the familiar vote of 5 to 4, the court quickly complied.

Beyond the ideological divide that the case produced, and the fact that Justice Sonia Sotomayor allied herself in dissent with her three most liberal colleagues, Justices Stephen G. Breyer, John Paul Stevens and Ruth Bader Ginsburg, a public spat between two powerful judicial forces provided another intriguing dimension to this fast-moving dispute.

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 Linda Greenhouse, the winner of the 1998 Pulitzer Prize, reported on the Supreme Court for The New York Times from 1978 to 2008. She teaches at Yale Law School and is the author of a biography of Justice Harry A. Blackmun, "Becoming Justice Blackmun."