Today, in Perry v. Schwarzenegger, the proponents of Proposition 8 filed a notice (pdf) that they will be appealing U.S. District Court Judge Vaughn Walker’s earlier ruling that the First Amendment privilege claimed by proponents is not applicable to documents sought by the Plaintiffs.
The Plaintiffs, represented by Ted Olson and David Boies, are seeking communications of the Proposition 8 campaign with donors and others, draft communications, post-election information and other similar information. Proponents intially objected to all of those requests, but later narrowed their opposition to “nonpublic and/or anonymous communications,” “drafts of documents that were never intended to, and never did, see public light” and “documents created after the Prop 8 election.”
Judge Vaughn Walker had ruled:
Proponents motion for a protective order is GRANTED in part and DENIED in part. Doc #187. Proponents have not shown that the First Amendment privilege is applicable to the discovery sought by plaintiffs. Because plaintiffs’ request no 8 is overly broad, plaintiffs shall revise the request and tailor it to relevant factual issues, individuals and entities. The court stands ready to assist the parties in pursuing specific additional discovery in line with the guidance provided herein and, if necessary, to assist the parties in fashioning a protective order where necessary to ensure that disclosures through the discovery process do not result in adverse effects on the parties or entities or individuals not parties to this litigation.
The proponents now are appealing that ruling to the U.S. Ninth Circuit Court of Appeals.
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Chris Geidner is a lawyer in Washington, D.C., who writes at Law Dork, contributes regularly to Metro Weekly and has written for The Atlantic Online, Advocate.com, Salon and other publications. An extended biography can be found
Yesterday, Walker agreed with Olson, in that if the proponents attempt to delay the January trial, Olson will resubmit the request for an injunction against prop 8. Walker initially denied this request until a speedy trial could prove Proposition 8’s constitutionality. So, we may resume our practice of marriage equality, in California, very soon!