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On Thursday the Ninth Circuit Court of Appeals in San Francisco heard the final hearings of this stage of the Prop 8 case, a motion to release video of the original District Court trial and another motion to vacate that court’s decision because Judge Vaughn Walker was gay and in a long-term relationship.

Just before the hearings there was a rally outside the courthouse, where Thom and I spoke along with several other marriage equality advocates we’ve come to know over the last few years.

Here’s a loose recollection of what I said (based on my talking points I had scribbled on Post-It notes):

Hello, my name is Jeff Tabaco, and this is my partner, Thom Watson. We have been together for over eight years. We became domestic partners in 2009 and had a commitment ceremony later that year. What I want more than anything in the world is to marry this man.

But I can’t. Not here in San Francisco, in the city I was born. Not in my own home state of California. I am a proud Californian, a proud American. But I will be a prouder Californian, a prouder American — a more equal American — when the judgment striking down Prop 8 is upheld, when our rights are restored, and when I can marry the person I love.

“Gay rights are human rights, and human rights are gay rights.” That’s what we’re fighting for, what everyone — gay, straight, and in between — should be fighting for: dignity and equal rights for all.

We are on the side of love. We are on the side of the law. And we are on the right side of history.

I’m happy to see a lot of familiar faces here today, and the joke is that we have to stop meeting like this. We’ll come to as many rallies and hearings as we have to to get our rights back. I know the next time we gather like this, it will be to celebrate a ruling upholding marriage equality for all.

Any day now the Ninth Circuit could rule on any or all of the issues before it (standing of the Proponents, these motions to release the video and to vacate the decision, and the underlying constitutional merits), but the word seems to be it could be as soon as later this month or early next year. The commentaries I’ve read also suggest that the court will deny the motion to vacate, but may find it difficult to grant the motion to release the trial video. We shall wait and see.

See also:

• The photo above is by our friend, wedding photographer, and continuing documentarian of the marriage equality cause, Julie Bernstein. For more, see her “Motions to Marry” rally photos.
• Videos of the Ninth Circuit hearings have been published: Hearing 1 (motion to release trial video) and Hearing 2 (motion to vacate).

A couple of weeks ago we took part in a rally and attended a court hearing about the latest detour in the Prop 8 saga: whether the proponents’ have standing to appeal the case when the official state defendants (the governor and the attorney general) refuse to do so. My opinion is that they do not, but in any case the outcome of this particular hearing at the California Supreme Court (due in under ninety days now) is only meant to advise the Ninth Circuit as it ponders whether the proponents have federal standing.

Anyway, we watch and wait. But I did want to share some of the sights and sounds from the rally that morning, courtesy of our good friends.

Check out Julie Bernstein’s site for her full set of rally photos.

Here is a video by Sean Chapin, showing the contrast between the anti- and pro-equality sides:

You really see what our side stands for: love.

Yesterday morning Thom and I went to a San Francisco federal courthouse to watch a hearing held to decide on a couple of motions brought up by the Prop 8 proponents: to vacate Judge Walker’s judgment overturning Prop 8 because he is gay and in a same-sex relationship (the argument being that he could have benefited from the case’s outcome), and to compel return of the trial recordings. The good news is that today both of these motions, as we expected, were denied.

From Judge Ware’s ruling on the motion to vacate (Section 455 of the U.S. Code [28 U.S.C. §455] addresses disqualification of federal judges):

The Court finds that neither recusal nor disqualification was required based on the asserted grounds. The sole fact that a federal judge shares the same circumstances or personal characteristics with other members of the general public, and that the judge could be affected by the outcome of a proceeding in the same way that other members of the general public would be affected, is not a basis for either recusal or disqualification under Section 455(b)(4). Further, under Section 455(a), it is not reasonable to presume that a judge is incapable of making an impartial decision about the constitutionality of a law, solely because, as a citizen, the judge could be affected by the proceedings. Accordingly, the Motion to Vacate Judgment on the sole ground of Judge Walker’s same-sex relationship is DENIED.

It’s a good read (full PDF here). Justice — not prejudice — prevails. Thank you, Judge Ware, for putting the smackdown on this absurd, frivolous motion by the Prop 8 proponents, who should be ashamed and embarrassed.

Bright and early before the hearing, outside the courthouse Thom and I participated in a rally organized by Marriage Equality USA to show our support for the cause. Among the speakers was Thom, who told our story as domestic partners who are waiting for and fighting for the right to marry.

Speaking with reporter Scott Shafer of KQED:

These photos are by Julie Bernstein, and you can find her entire set of photos covering the rally here. And check out Sean Chapin’s video montage:

Thanks to all who showed up and to everyone for their support. We’ll keep showing up and fighting as long as we have to!