Bid to block release of landmark gay marriage trial video fails, again

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12/28/2021

A federal appeals court on Tuesday said it would not reconsider its November decision upholding the release of rare federal court video from the 2010 landmark trial in California that struck down the state’s ban on same-sex marriage. The San Francisco-based 9th U.S. Circuit Court of Appeals order denied a petition urging the court to convene “en banc” and overturn the three-judge panel decision. The trial court lawsuit successfully contested California’s Proposition 8 ban on same-sex marriage. The ruling preceded the U.S. Supreme Court’s 2015 opinion declaring same-sex marriage constitutionally protected. Federal trial courts do not automatically permit video and audio recordings. Now-retired U.S. District Judge Vaughn Walker, who presided over the bench trial, said then he would use the recordings for court-related purposes and not for “public broadcasting or televising.” A federal judge last year ordered the tapes to be released.

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