California's 9th Circuit Court of Appeals ruled Thursday (2 February) that videotapes shot of the state's 2010 Proposition 8 trial will remain sealed.
The ruling states that Judge Vaughn Walker had stated during the trial that the recording of the proceedings were for use in his chambers and 'not going to be for purposes of public broadcasting or televising.'
Marriage equality supporters wanted the video released to the public. It was not allowed to be broadcast due to a ruling by the U.S. Supreme Court.
'The court's decision to keep the people from seeing this public record of one of the most important trials in American history is extremely disappointing,' National Center for Lesbian Rights Executive Director Kate Kendell said. 'As those lucky enough to have watched the trial saw, the defenders of Prop 8 were unable to offer a shred of evidence to support it, while the plaintiffs presented a mountain of compelling reasons to strike down this unjust and damaging law. The public deserves the same chance to see the facts for themselves.'
In arguing for the release of the video, plaintiffs' lead co-counsel Theodore B. Olson had told the court said the video recording showed 'that Proposition 8 flatly violates the Constitution. ... We are anxious for the American people to see the evidence and testimony.'
The Ninth Circuit Court of Appeals three-judge panel has yet to issue a ruling on another motion in the case. Prop. 8 proponents want the case thrown out because Judge Walker, who overturned the law in 2010, did not disclose that he is gay.