A federal judge has ordered sponsors of California's Proposition 8 to release campaign strategy documents that opponents believe could show that backers of the same-sex marriage ban were motivated by prejudice against gays.
Plaintiffs in a federal suit seeking to overturn Prop. 8 - two same-sex couples, a gay-rights organization and the city of San Francisco - contend that the measure's real purpose was to strip a historically persecuted minority group of rights held by the majority.
If the courts find that the ballot measure was motivated by discrimination, they could strike it down without having to decide whether gays and lesbians have a constitutional right to marry.
"The intent or purpose of Prop. 8 is central to this litigation," Chief U.S. District Judge Vaughn Walker declared Thursday in requiring backers of the November 2008 measure to give the opposing side their internal campaign communications.
Monday, October 5, 2009
Prop. 8 continues to be a source of litigation and mischief. A group that has sued to overturn Prop. 8 has convinced a judge to allow them to take a look at the internal memos of the people who ran the "Yes On 8" campaign to see if they can ferret out any evidence of the dreaded "Hate:" Judge To Prop. 8 Backers: Turn Over Your Papers
I will make a daring prediction and say that the plaintiffs will not find memos filled with "we've gotta make sure them f*gs can't vote." However, they WILL find words, phrases, and possibly whole sentences that criticize the idea of gay marriage. Expect at least one grim faced press conference, and possibly more Mormon bashing.