Gay marriage advocates plan to file an emergency appeal of a federal judge’s order requiring them to release documents from the political campaign against Proposition 8 as part of the ongoing legal challenge to California’s ban on gay unions.
From the Mercury-News:
In court papers filed Tuesday, the American Civil Liberties Union asked Chief U.S. District Judge Vaughn Walker to put his order on hold while they appeal the ruling to the 9th U.S. Circuit Court of Appeals.
Walker earlier this week rejected the ACLU’s argument that the documents are privileged and internal communications protected as political free speech.
The legal wrangling could slow the historic trial still unfolding before Walker, who is considering a lawsuit challenging Proposition 8 as a violation of the equal protection rights of California’s same-sex couple
Walker ruled on Monday that lawyers for Proposition 8’s sponsors were entitled to review strategy and message materials produced by the ban’s opponents because the measure is now the subject of a constitutional challenge.
He said the groups had until March 31 to turn it over.
Attorneys for the ACLU and Equality California say that unless Walker grants them a stay, they would have to provide the documents before their appeal could be heard.