Prop 8 Backers Win Appeal To Cloak Internal Documents And Emails

The backers of Proposition 8 have won their appeal to shield their internal documents and emails from Ted Olson and David Boies, who are hoping to taking their case to the U.S. Supreme Court. The federal appeals court ruled that the First Amendment right of freedom of association would be violated if such information was to be required to be made available.

Lawyers for two gay couples challenging the constitutionality of Proposition 8, the voter initiative in California that banned same-sex marriage after a five-month period last year when it was legal, had sought disclosure of e-mails and other communications to show that backers of the ballot measure had tried to create "discriminatory animus" against homosexuals. The decision of the appeals court panel, composed of three judges appointed by President Bill Clinton, reverses rulings by District Court Judge Vaughn Walker in San Francisco ordering the initiative's supporters to disclose their campaign strategy.

Earlier this month the ACLU filed a motion opposing the forced release of such documents, saying it would have a chilling effect on freedom of speech during political campaigns.