Prop. 8 backers likely to win disclosure fight

[Newsjock]

Source: San Francisco Chronicle

A federal judge probably violated the Constitution when he ordered backers of Proposition 8, the initiative that banned same-sex marriage in California, to give their campaign strategy documents to opponents trying to overturn the measure, an appeals court said Thursday.

The Ninth U.S. Circuit of Appeals in San Francisco suspended the order that Chief U.S. District Judge Vaughn Walker issued in October against backers of Prop. 8, which state voters approved in November 2008.

Walker said lawyers for two same-sex couples and a gay-rights group were entitled to see internal memos and e-mails between Yes on 8 strategists to look for evidence that the campaign had sought to exploit anti-gay bias. Such evidence would strengthen the plaintiffs' claim that the ballot measure was discriminatory and thus unconstitutional.

... The panel members, Judges Kim Wardlaw, Raymond Fisher and Marsha Berzon, were all appointed to the court by former President Bill Clinton.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/12/03/BA4T1AUMGO.DTL&tsp=1

[Ian David]

1. This is why we have to INFILTRATE the anti-gay groups by VOLUNTEERING for them.

A well-placed "whistle-blower" would be invaluable.

[Socal31]

2. OK

So what is your plan on getting a mole into the NY congress?

[Ian David]

3. I meant into the anti-gay non-profits. n/t

[David__77]

5. Of course, naturally.

When I was involved in the pro-choice clinic defense movement when i was a very young teenager, I know they always infiltrated the Operation Rescue groups. Sometimes they were found out though. If you watch "Citizen Ruth," which is hilarious, this is portrayed.

[alp227]

4. Hmm, if the Constitution apparently grants the "right to privacy" for gays

as in Lawrence v. Texas (2003), then shouldn't Prop 8 campaigners have the right to privacy as well? ::sarcasm::

But really, I think that if we progressives demand that the federal government willfully disclose photos of detainee abuse by the US military, then campaign documents for controversial propositions like Prop 8 should be disclosed also to determine whether P8 was discriminatory.

And some entertainment, the "most recommended comment" on this webpage, hosted by a newspaper in one of America's most liberal areas, is written by a user named "kingobeyme" whose comments show right-wing leanings, especially apologetics for the previous president and Fox News. Kingobeyme's avatar looks like Ronald Reagan's face photoshopped on a Barack Obama Senator photo. On this article, he complained that Judge Walker was anti-American and should be fired.

Specifically,

Judge Walker hates America, our constitution and every principle that has made us the greatest nation in history.
When the ninth court rules against a judge on any homosexual marriage topic, you know the judge was way out of bounds.
He should resign.

His comment also suggested that the Ninth Circuit Court is very liberal, hence the conservative meme "Nutty Ninth".

[marshall]

6. I always thought asking for internal memos was over the top

Any organization has brainstorming sessions where certain ideas never see the light of day but are discussed. This could have very far reaching effects.