Supreme Court delays broadcast of California same-sex marriage trial

The federal trial is scheduled to begin later today in San Francisco. It will consider whether the Proposition 8 gay-marriage ban approved by California voters in November 2008 is legal.

The high court said today it would not allow video of the trial to be posted on YouTube.com, even with a delay, until the justices had more time to consider the issue. It said that today’s order would be in place at least until Jan. 13.

Opponents of the broadcast say they fear witness testimony might be affected if cameras are present.

Justice Stephen Breyer said he would have allowed cameras while the Court considers the matter.

Acting less than two hours before the trial’s scheduled start, the justices said they also would not permit real-time streaming that would have allowed the trial to be seen in other federal courthouses.

The Supreme Court’s consideration of the airing of the gay-marriage trial is set against the backdrop of the Court’s own strong resistance to cameras.

Some justices might believe that their opposition to cameras inside the Supreme Court could be undermined if they were to allow YouTube posts of the California trial.

The federal judiciary, led by Chief Justice John Roberts, has long opposed cameras in the courtroom as harmful to a fair proceeding.

Several justices, including most recently Justice Sonia Sotomayor, have said they are open to allowing cameras, but others have been adamantly opposed.