Yesterday's Prop 8 hearing: Ninth Circuit Court Judges seemed skeptical of alleged pro-gay bias by Judge Walker and wary of releasing Prop 8 tapes

Ted Olson (l) and David Boies in 2010. Photo: Diana Walker

The judges were clearly skeptical of the arguments of Prop 8 proponents who claim Judge Walker should have disclosed he was in a same sex relationship and recused himself and asked whether married heterosexual judges would be held to the same standard. On the other hand, even though the judges conceded that little if any harm would be done to proponents in releasing video tapes of the Prop 8 trial, they seemed disinclined to favorably consider the release of the tapes on account of Judge Walker's assurances to proponents that the tapes were solely for his benefit in reviewing the particulars of the case before deciding it. Lawyers arguing for the release said Walker did not promise to seal the tapes forever and wasn't bound to prevent their release after the completion of the trial.

Below is KQED's wrap up, and Prop 8 Trial Tracker's account of yesterday's proceedings is here.