Federal appeals court rejects requests to release Prop 8 trial videos

In a narrowly tailored decision, the 9th U.S. Circuit Court of Appeals ruled that the public, media and same-sex marriage proponents could not gain access to the videotapes of the trial over Proposition 8. The court said that the trial judge had assured Prop 8 backers that the trial videotape would not be made public, [...]

Federal appeals court grants stay on release of identities of Prop. 8 contributors

After a federal judge upheld a ruling allowing release of donors to Prop. 8 prohibiting same-sex marriage in California, the 9th Circuit  U.S. Court of Appeals granted an emergency stay pending appeal of the ruling. -db From the Courthouse News Service, October 24, 2011, by William Dotinga. Full story

Federal appeals court keeps Prop. 8 trial videos on ice

The Ninth U.S. Circuit Court of Appeals has delayed its decision on whether to release video recordings of the January 2010 Prop. 8 trial on the constitutionality of banning same-sex marriage. The court is still deciding if the public’s right to know outweighs potential danger to witnesses in favor of Prop. 8, passed by the [...]

Federal judge dismisses suit to keep secret the donors to proposition to ban same-sex marriage

A federal district judge upheld a state law allowing the release of names of those donating $100 or more to political campaigns. The supporters of Proposition 8 banning same-sex marriage in California wanted to withdraw the information claiming that the donors were at risk. Prop. 8 supporters said they had been harassed, vandalized, and received  [...]

Hold on releasing Prop. 8 trial videos

The videos of  Prop. 8 lawsuit videos will not be released while  federal appeals court considers whether the videos would endanger witnesses and compromise the credibility and integrity of the federal judiciary. The 9th Circuit Court of Appeals issued a temporary hold on the videos after Chief  U.S.District Judge James Ware ruled on Sept. 19 [...]

Citizens United opened door for corporate campaign contributions but no secrecy guaranteed

Citizens United, the U.S. Supreme Court ruling allowing unlimited campaign spending by corporations and unions, also allows for disclosure, the majority ruling stating, “…transparency enables the electorate to make informed decisions and give proper weight to different speakers and messages.” So far courts have ruled in favor of disclosure, in one case  ruling that groups [...]

Federal district judge orders release of Prop 8 trial video

Citing the importance of public access to trials and court records in fostering public confidence in the judiciary, a federal district judge ordered the release of the video of hearings on Prop 8, California’s ban on same-sex marriage. Groups defending Prop 8 want the videos to remain sealed to protect the privacy of those testifying [...]

New York: Group seeks to overturn same-sex marriage law with open meetings suit

New Yorkers for Constitutional Freedoms has filed suit in New York claiming the state’s Open Meetings Law was violated in passing the law giving gays the right to marry. Among other things the group claims the Republicans met in secret to discuss the law. The challenge is not expected to succeed at least on one [...]

Judge rules out TV for closing arguments in Prop. 8 hearing

Federal Judge Vaughn Walker denied a media request to televise arguments in the California same-sex marriage trial without providing reasons for his decision. -db San Francisco Chronicle June 10, 2010 By Bob Egelko SAN FRANCISCO — The only members of the public who will get to watch next week’s closing arguments in the trial over [...]

Prop. 8 supporters oppose cameras in court for final arguments

A lawyer for the Prop. 8 campaign committee sent a letter to the federal judge hearing the lawsuit challenging the proposition arguing that a broadcast of the closing arguments set for June 16 would have negative effects on the judge including making him avoid unpopular decisions. -db San Francisco Chronicle May 25, 2010 By Bob [...]

Same-sex marriage referendum: Supreme Court justices voice skepticism about keeping signatures private

In hearing arguments about keeping referendum signatures private in a referendum to repeal Washington’s domestic partnership law, several justices appeared unsympathetic to arguments of the attorney opposing making the signatures public. -db Reporters Committee for Freedom of the Press April 28, 2010 By Mara Zimmerman The U.S. Supreme Court on Wednesday appeared skeptical of the [...]

U.S. Supreme Court hearing two free speech cases as preludes to same-sex marriage case

Two cases currently before the Supreme Court will set the First Amendment ground rules for the debate on same-sex marriage. The case heard this week concerns a Christian legal group at a California law school who wants to bar gays from their membership, a prohibition that the school says violates their nondiscrimination policy. Plaintiffs in [...]

California: Federal panel refuses to reverse order forcing anti-prop 8 alliance to produce campaign materials

Groups that campaigned against Prop 8, the California initiative that banned same-sex marriage, lost a court battle to block release of their campaign materials. -db Courthouse News Service April 14, 2010 By Elizabeth Banicki (CN) – The 9th Circuit said it lacks jurisdiction to overturn a federal judge’s order forcing gay marriage advocacy groups to [...]

Federal courts rule out broadcast of closing arguments in California same-sex marriage trial

A federal court will not include California’s same-sex marriage trial in its pilot program to broadcast civil proceedings contrary to recent media reports. -db The Reporters Committee for Freedom of the Press March 9, 2010 By Curry Andrews A federal court in San Francisco announced on Friday that it is not planning to broadcast closing [...]

Internet raises stakes in cases pitting public disclosure against right to privacy

In Doe v. Reed, the U.S. Supreme Court will weigh the right to privacy under the First Amendment’s protection of freedom of speech and association against the need for open government and transparency in public elections. -DB First Amendment Center Commentary January 19, 2010 By Tony Mauro WASHINGTON, D.C. — The Supreme Court has agreed [...]

Domestic partnership law: Supreme Court takes case on privacy for petition signers

The Supreme Court agreed last week to consider whether the First Amendment guarantees the right of privacy to those signing ballot-initiative petitions. -DB The New York Times January 16, 2010 By Adam Liptak WASHINGTON, D.C. — The Supreme Court on Friday agreed to decide whether the First Amendment requires that the names of people who [...]

Supreme Court scuttles plan for televising Prop 8 trial

In another 5-4 decision, the U.S. Supreme Court ruled that given the notoriety of the same-sex marriage trial and that the public had insufficient time to comment on the decision to televise the trial, there would be no live telecasts or delayed broadcasts on YouTube. The Court did not rule on whether any federal trial [...]

Prop 8 hearing: Strict enforcement of laws against assault needed rather than curtailing TV coverage

A Citizen Media Law Project blogger argues that the Supreme Court should recognize that it is against California law to assault witnesses and that not televising the proceedings will not protect witnesses in what promises to be a widely publicized event. To allow the broadcast on YouTube would provide a boost to freedom of the [...]

Prop. 8 proponents object to TV for hearing in federal court

Sponsors of Prop. 8 the ballot measure that banned same-sex in California say that television coverage of the court trial in San Francisco in January would result in harassment and intimidation of witnesses and other participants. -DB San Francisco Chronicle December 30, 2009 By Bob Egelko SAN FRANCISCO — Sponsors of California’s ban on same-sex marriage, [...]

Federal court approves television cameras in time for Prop 8 hearing

The Judicial Council of the Ninth Circuit approved television cameras for certain district court hearings, civil proceedings with no juries. Before now the court had only allowed cameras to televise appellate arguments. -DB Cal Law December 18, 2009 By Dan Levine SAN FRANCISCO — The Judicial Council of the Ninth Circuit authorized television cameras in certain [...]

Opinion: Imperial Valley Board of Supervisors violated spirit of California’s open government law

While finding that the county supervisors covered themselves sufficiently on the Brown Act, the Imperial Valley Press argues that they failed to honor the spirit of the Brown Act by not fully informing the public that it was their intention to intervene in a federal case involving Prop 8 making same-sex marriage illegal in California. -DB [...]

Imperial County Board of Supervisors under scrutiny for possible open government violation

The American Civil Liberties Union is looking into an allegation that the Imperial County Board of Supervisors violated California’s Brown Act in a closed session December 15 when it voted to intervene in a federal case involving Prop 8, the state proposition making same-sex marriage illegal. -DB Imperial Valley Press December 18, 2009 By Elizabeth Variner [...]

Federal judge orders Prop. 8 backers to cough up campaign strategy documents without delay

Backers of proposition 8 were hoping to delay turning over campaign records while appealing  a court order to surrender the documents. But a district federal judge ordered them to relinquish the documents so that Prop. 8 opponents could examine them for anti gay bias. -DB San Francisco Chronicle October 26, 2009 Bob Egelko SAN FRANCISCO — [...]