|| News ||
Page 1 of 1

Judge Threatens to Fine No on Prop. 8 Groups Over Documents


Vaughn Walker X390 (MLINKSVA FLICKR) | ADVOCATE.COM

A federal judge has threatened to fine marriage equality proponents for refusing to turn over campaign documents from California's Proposition 8 ballot initiative, now at the center of a high-stakes legal challenge.

U.S. district judge Vaughn Walker said in a Sunday afternoon order that the court would levy a $2,000 daily fine against the American Civil Liberties Union and Equality California until the documents are turned over.

Closing arguments in the federal lawsuit challenging Proposition 8, Perry v. Schwarzenegger, have yet to be scheduled, though evidentiary trial proceedings concluded in February. The delay is largely the result of ongoing discovery disputes over No on 8 documents, which the ACLU and Equality California have refused to turn over on First Amendment grounds.

Andy Pugno, an attorney defending Prop. 8 in federal court, asserted in a March memo that marriage equality advocates were obligated to release “the same types of internal campaign memos, strategies, and communications that we at ProtectMarriage.com had long before already been forced to hand over to them to use as evidence during the trial."

A hearing in the trial is scheduled for Wednesday.

Follow us on Twitter Follow us on Twitter. Follow us on Facebook Follow us on Facebook. Page 1 of 1
Reader Comments
  • Name: DanO
    Date posted: 4/27/2010 4:06:54 PM
    Hometown: Orange County

    Comment:

    Remember that the Yes on 8 side successfully sued to have their docs withheld under the same grounds. Likewise, the same should hold true for the No side. It's not that there is something to hide, it's just that this trial needs to be on a level playing field. Walker has held both sides to the same ideal by requiring the docs from both sides, the appeals court will now need to do the same by allowing both sides to withhold internal campaign docs as they have already done with the Yes side. From what I see, Walker is setting it up very carefully so as to show he's treated both sides equally.

  • Name: chris
    Date posted: 4/27/2010 1:57:48 PM
    Hometown: st robert, mo

    Comment:

    Clearly the anti-equality folks don't have any decent arguments of their own, so they want to try and distort ours to confuse people. Notice how they spy on our websites every time there's a marriage story(Score, Christian)? Haven't you got something better to do than delegitimize other people's families? Too bad it's harder to confuse a judge than an uninformed voter.

  • Name: Mason Perry
    Date posted: 4/27/2010 1:00:16 PM
    Hometown: New York

    Comment:

    So there may be something worthwhile to hide... interesting.

  • Name: John
    Date posted: 4/27/2010 12:49:03 PM
    Hometown: Las vegas

    Comment:

    That explains why they might be trying to hold out for as long as they can... Also not wanting to give your opponent your political strategies and tactics for counter measures and use in media PR campaigns in opposition.

  • Name: Score
    Date posted: 4/27/2010 12:27:23 PM
    Hometown: Washington D.C.

    Comment:

    So then, without heightened scrutiny or suspect class we are left with voters "rational basis" intent for Prop 8? Voters could simply have wanted more wait and see before approving a radical change to traditional definition marriage even though there may have been a little moral disapproval or animus. Score one for ADF, defenders of man woman marriage.

  • Name: Begel
    Date posted: 4/27/2010 11:29:43 AM
    Hometown: San Francisco CA

    Comment:

    This may indeed provide the 'smoking gun' showing that gays and lesbians do not meet the test for heightened scrutiny or suspect class status. The political connections, organizations, politicians and strategies used in attempt to defeat Prop 8 will clearly show homosexuals are not without influence and power.

  • Name: Allen
    Date posted: 4/27/2010 9:30:55 AM
    Hometown: Los Angeles (formerly)

    Comment:

    Haven't we waited long enough? Please ACLU and Equality CA, give the judge the documents so the case can move forward! Some of us need the rights (now) this case could provide if it overturns DOMA. This case is our ONLY chance for equality, Obama and the Democrats are showing and have shown no signs of doing anything to bring us equality.

  • Name: Zach A
    Date posted: 4/27/2010 8:27:05 AM
    Hometown: Queens, NY

    Comment:

    Val is right here, people... The point is NOT that we won't hand over documents, it's that the ACLU and Equality CA are NOT on trial, and by our legal system, demands to produce documents by parties who are A)not involved and/or B)on the plaintiff's side should not be made. Yes, there really isn't anything to hide, but the point of the trial is against the constitutionality of Prop8 and ProtectMarriage.com's underhanded campaign tactics. Scope of the trial does not include documents from the ACLU or Equality CA. THAT is why there's a refusal to produce documents.

  • Name: Christian
    Date posted: 4/27/2010 5:35:17 AM
    Hometown: Salt lake city utah

    Comment:

    Why are they trying to hide? The truth about the homosexual agenda will be exposed for all to see.

  • Name: Val
    Date posted: 4/27/2010 5:04:02 AM
    Hometown: London, UK

    Comment:

    I was trying to get to the bottom of this issue which sounded very odd… It appears that this article is a little misleading. The judge has ordered Equality California and the ACLU to turn over these documents. EC and ACLU, however, are not party to this lawsuit. The plaintiffs in the lawsuit (No on 8) have already turned over their campaign documents as pat of the trial proceedings when the defence (the evil Yes on 8) did the same. Now the groups are also saying they will incur a cost of $20,000 to reproduce these documents that, in their opinion, are protected by their First Amendment rights -- and all for a trial that they were barred from taking part in. They have now been invited to discuss the issue in court tomorrow (Wed). I think the issue sounds a little clearer now…. http://bit.ly/c84kDO

 PREVIOUS 1 2 3 NEXT  


Don't Miss
  • Best of Broadway Smash: Why You Will Love It

    Craig Zadan and Neil Meron, two of the producers of NBC’s new critically acclaimed musical series, explain why the backstage drama of creating a musical about Marilyn Monroe has mass appeal and why big stars like Anjelica Huston, Uma Thurman, Bernadette Peters, and Nick Jonas were eager to appear in it.

  • Best of Broadway How Broadway Does a Flea Market

    Find out why actress Kathleen Chalfant calls the annual Flea Market and Grand Auction in Times Square "the most glamorous flea market you've ever seen." It raised half a million dollars to fight HIV/AIDS.

  • Travel Slideshow Flag Gayest Cities in America, 2012

    It's no secret that megalopolises New York City, Chicago, and Los Angeles have robust LGBT life — and we've even heard tell of little queer hoods like the Castro and P-Town. This isn't that list.

 
 
Advocate Subscribe Promo Banner 300x50
 
Follow Us Follow Us on FacebookFollow Us on TwitterSubscribe to our RSS feedsDownload our app
Facebook Activity
 
1056 COVER X135 | ADVOCATE.COM
Today's Headlines