Supreme Court Justice Stephen Breyer
San Francisco, Calif. (CNA): On Monday the U.S. Supreme Court temporarily blocked the YouTube broadcasts of the hearings on California’s Proposition 8, but not before one backer sought to withdraw from the trial. He cited concerns for his safety and the safety of his family, also noting past death threats in YouTube comments.
The high court’s stay expires on Wednesday. The court said it will allow “further consideration,” according to the Washington Post.
Chief U.S. District Judge Vaughn R. Walker last week ruled that the proceedings could be uploaded at regular intervals to YouTube, whose owner Google, Inc. was an opponent of Prop. 8.
Hak-Shing William Tam, one of the official proponent defenders-interveners in the Proposition 8 case, last Friday submitted a motion to the District Court to withdraw as a witness.
“I am fearful for my personal safety and the safety of my family,” he wrote in the motion. “In the past I have received threats on my life, had my property vandalized and am recognized on the streets due to my association with Proposition 8.”
Now that the lawsuit is going to trial, he continued, “I fear that I will get more publicity, be more recognizable and that the risk of harm to me and my family will increase.”
He said that his car was vandalized during the Proposition 8 campaign and a young woman tried to remove the Prop. 8 yard sign from his front lawn.
“It is my belief that she knew who I was and deliberately targeted me. She knows where I live.”
Tam also noted a threatening message on a pro-Prop. 8 video he appeared in. The author of the message, who claimed to be a California resident, wrote, “I will destroy your hatred. I will poison your wells… I WILL F---ING KILL YOU ALL. DIE FASCIST SCUM.”
He said he takes the comment “very seriously” and he assumes the commenter meant what he wrote. He also noted anti-Chinese racial slurs have been posted on other YouTube videos supporting Prop. 8.
Tam added that he does not like the burden of complying with discovery requests and the “privacy invasion” on matters like old Chinese-language articles he posted on his website. He said he is also tired of the controversy, which is distracting from his work.
In Tam’s opinion, the other defendant-interveners in the trial are “well qualified and committed” and his withdrawal will not materially hurt the case.
The Supreme Court ruling temporarily blocking YouTube broadcasts was opposed only by Justice Stephen G. Breyer. Justice Breyer agreed that further consideration is “warranted,” but he argued that the court’s standards for issuing a stay were not met because there is not a likelihood of “irreparable harm” if the events are available on the internet.
Other proponents of Prop. 8, which restored California’s definition of marriage to being a union of the opposite sexes, have said the broadcasts could expose their witnesses to harassment and intimidation.
Last week, Brian Brown, executive director of the Prop. 8 backer National Organization for Marriage, told the Washington Times he is worried about the safety of witnesses, who include campaign contributors, staff and volunteers.
"The question is really whether Judge Walker can put people on the stand where they can be threatened," Brown commented. "It's a question of people's safety."
In October 2009 the Heritage Foundation released a report titled “The Price of Prop. 8.” That document reported that militant opponents of Prop. 8 targeted supporters with a range of hostility, including “harassment, intimidation, vandalism, racial scapegoating, blacklisting, loss of employment, economic hardships, angry protests, violence, at least one death threat, and gross expressions of anti-religious bigotry.”
Published By Yaqub Altair
When people are good, heroic, and doing something constructive, they usually like to be seen. It is when they are ashamed that they want to remain hidden. Granted some are just modest, but modesty is an unlikely trait among lawyers and politicos, even those who brought us Proposition 8.
These self-proclaimed “protectors of marriage and family” who are assaulting our marriages and families talk of how they feel threatened by exposure. Queer folks can actually sympathize. We’ve all been there. But while even threats of vandalism or violence are not to be tolerated no matter who makes them to whom, I have to wonder, what threats and violence have they ever really endured? GLBT people are threatened and assaulted every day. Homophobic insults and vandalism are common occurrences. We’ve all been threatened and too many of us have been bashed and even murdered. We even read of GLBT schoolchildren being killed by classmates. Who has ever been killed, assaulted, or even personally threatened for not liking GLBT people?
The case of William Tam is especially bizarre as, having publicly, enthusiastically supported Proposition 8 from its beginning, he now wants to withdraw as he is tired of the controversy and feeling especially threatened now that the case is in court. Having pushed into motion a dedicated effort to abridge our legal rights, he’s tired of the game, wants to dodge responsibility for his actions and wants go take his balls and go home. To make this even more interesting in regards to the central question – Was the intent of Proposition 8 motivated by homophobia? – Mr. Tam’s own writing and websites are among the most blatantly homophobic examples demonstrating that yes, 8 is hate. It’s a bit late for him to try to unring the bell, because he doesn’t like the noise he’s stirred up. Is it really because he feels threatened, or because he so undermines his own case that he wants to be exempt from the consequences of his efforts?
The millions of us who have been brutally beaten by homophobes know the risks of living our lives with simple, honest integrity. Heroes who have taken stands for real change – Mohandas Gandhi, Martin Luther King, Malcolm X, Jack and Bobby Kennedy, and of course, Harvey Milk – knew the dangers of their positions and leadership.
Countless discussions online compare the supporters of Proposition 8 hiding from cameras, to hooded Klansmen striking anonymously in the night. Hyperbolic as that is, one has to wonder, what shame, or fear, motivates them? Do they imagine that an equal, open playing field will make targets of themselves as they have targeted us?
However the trial turns out there is good news here. It used to be that we were the ones hiding in imposed shame and fear behind elaborate lies. Now the homophobes have to cloak their prejudice in rationalizations so obviously false that they are ashamed to show their faces.