Even the discovery fights in a federal challenge to Proposition 8 are weighty.
Gay marriage opponents trooped into Northern District of California Chief Judge Vaughn Walker's courtroom Friday to quash requests for internal campaign e-mails and other documents from last year's "Yes on 8" effort. Marriage supporters, meanwhile, argued that the motivations of those behind the ballot initiative are highly relevant because discriminatory intent would undermine opponents' claims of a rational state interest in the ban.
First Amendment protections on political speech and free association should shield much of the evidence sought by gay marriage supporters, argued Yes on 8 attorney Charles Cooper of Cooper & Kirk. Communications made to the public at large are subject to discovery, Cooper conceded, but interactions among political consultants, volunteers and other campaign leaders should remain private.
Full Story from Law.com: http://www.law.com/jsp/article.jsp?id=1202434112536&Discovery_Fight_in_Suit_Challenging_Calif_Ban_on_Gay_Marriages
Planning to marry your partner? Click here for gay marriage resources in California.
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Labels: ca, california, Gay Marriage, internal communications, prop 8, proposition 8, yes on 8 campaign
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