Attorneys for two gay couples who sued to overturn Prop 8 argued the trial video is a matter of public record and ought to be released. Attorneys for the sponsor of the ballot measure argued the release of the tapes could subject their witnesses to harassment.
Judge Vaughn Walker, who presided over the trial, assured Prop 8 supporters that he would only use the videotape to help him decide the case. And the 9th Circuit Court of Appeals ruled that releasing the tapes would violate Judge Walker’s promise. In its unanimous opinion, the three-judge panel wrote: “The recording cannot be released without undermining the integrity of the judicial system.”
The 9th Circuit judges have yet to rule on the constitutionality of Prop 8.
