Judge to Prop. 8 backers: hand over campaign docs
Bob Egelko, Chronicle Staff Writer
Sunday, October 25, 2009
(10-25) 17:05 PDT SAN FRANCISCO -- A federal judge said sponsors of California's ban on same-sex marriage may not delay in handing over campaign strategy documents to gay-rights groups that are looking for evidence of anti-gay bias as they try to overturn the measure.
The sponsors had sought to keep the documents while challenging the order to turn them over in an appeals court.
But in a ruling late Friday, Chief U.S. District Judge Vaughn Walker of San Francisco said backers of Proposition 8 had failed to show that disclosing internal memos and e-mails would violate their freedom of speech or subject them to harassment.
He said they had refused to identify any documents that needed special protection and noted that he could order their opponents to keep any sensitive material confidential.
"It simply does not appear likely that (Prop. 8's) proponents will prevail on the merits of their appeal," Walker said.
He said he doubts that a federal appeals court even has jurisdiction to consider the dispute at this early stage of the case.
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