No Prop 8 insider documents for Olson/Boies

Timothy Kincaid

December 4th, 2009

Part of the Ted Olson/David Boies case against Proposition 8 is based on the argument that the campaign and its voters denied rights to gay couples out of animus. And to prove animus, they subpoenaed the internal communication of the pro-8 campaign.

Although the presiding judge agreed that such communication should be turned over to Olson/Boies, an appeal to the 9th Circuit has suspended that decision until they can hear it. (SF Chronicle)

The Ninth U.S. Circuit of Appeals in San Francisco suspended the order that Chief U.S. District Judge Vaughn Walker issued in October against backers of Prop. 8, which state voters approved in November 2008.

Prop. 8 sponsors argued that their discussions were constitutionally protected and that orders such as Walker’s would discourage candid communications in political campaigns.

The three-judge appeals court panel said the sponsors “have made a strong showing that they are likely to succeed” in their arguments. The court, which held a hearing on Walker’s order on Tuesday, said it would issue a ruling soon.

This always seemed a bit of a long-shot to me anyway.


December 5th, 2009

Have to say, I agree with the court on this one. You can’t just demand to see other people’s private communications because you don’t like them. Animus is not a crime. It’s also, in this case, self-evident. Olsen should be able to prove his case without taking away anyone’s civil rights. And yes, I’m aware of the irony of that statement.


December 5th, 2009

I think there’s a “shoe on the other foot argument”. I’m pretty sure no political campaign would want its internal communications made private. Everyone says and types things that taken out of context (or even in context when written while in a bad mood) would make them look bad.

I think this suit is a bad idea. Just wait a few years and bring up the vote again. And if we lose then a few years after. It’s what was done to us over and over again so fair is fair. Look at the numbers. Time is on our side. And it will be far better for us if we gain rights with a majority vote either in the legislature or at the ballot box than from a court. It takes away the whole “unelected judges” argument.


December 5th, 2009

“I think this suit is a bad idea. Just wait a few years and bring up the vote again. And if we lose then a few years after. It’s what was done to us over and over again so fair is fair. Look at the numbers. Time is on our side. And it will be far better for us if we gain rights with a majority vote either in the legislature or at the ballot box than from a court. It takes away the whole “unelected judges” argument.”

That’s not how blacks and women got their rights. You cannot count for people to change their minds. It would take decades for a mejority of Americans to finally side with marriage equality. We cannot wait that long.


December 5th, 2009

And it’s just not the correct way at all. It really isn’t an issue for the electorate or the legislative branch at all, though it’s nice when it goes our way. What’s happening is unconstitutional and it needs to be understood that way so that another simple majority vote can’t take it back.

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