A 9th Circuit U.S. Court of Appeals panel dismissed the appeal of two groups opposing Proposition 8 in which the groups sought to stop a district court order that they turn over documents to Yes on 8 groups.
The three-judge panel said it lacks jurisdiction at this point to review U.S. District Judge Vaughn Walker’s order that the groups—which are not a party to the Perry v. Schwarzenegger lawsuit—must turn over their internal documents.
The appeals court said the only remedy available to the two groups—Equality California and the ACLU—is to refuse to comply with Walker’s order and then appealing Walker’s ensuing contempt of court order against them.
No comment from the two groups, who had not heard of Monday’s decision when contacted Tuesday.
Meanwhile, Judge Walker on Tuesday indicated he plans to set Friday, April 16, as the deadline for submitting any additional evidence for consideration in the court case challenging the ban on same-sex marriage in California. He is expected to soon after that date schedule closing arguments.
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Not a very enlightening report. (1) On what legal basis does the court contend that persons not part of the lawsuit must turn over documents and (2) if those documents are already in possession of parties to the lawsuit then why are THEY not made to disclose as opposed to ACLU and EQCA.
That said EQCA’s ability to even muster sufficient signatures to repeal Prop 8 put the final nail on its coffin. It is a totally ineffective public relations group that has caused a great deal of harm. How did we get here in the first place?
First, because EQCA, boasting of millions of dollars in its coffers and thousands of foot soldiers was utterly asleep at the switch and busy preaching to the choir in the Castro and not getting out and talking the fight to our adversaries.
Second it engaged in inconsistent pleading to the public. On the one hand it went door to door asking people to repeal Prop 8 (you get to vote on it) but on the other hand it worked to overturn Prop 8 on the grounds of it being unconstitutional (you don’t get to vote on it). People, especially educated people, see through that deceit and resent us for it.
Third, EQCA was adamantly against this trial and ran in fear of the only and best legal solution – the federal court! It was only after they realized EQCA would look pretty foolish of we won the trial that it flip-flopped and decided to get behind it.
Fourth, when so-called activists began adopting our adversaries’ arguments (states’ rights) and dignified that specious argument they conceded precious ground.
Finally, by utterly lacking the courage to take the fight where it belongs (to the steps of the churches that trash the First Amendment), EQCA has so discredited itself that it no longer deserves the support of this community. It has failed repeatedly and miserably in every regard.
EQCA has become more a liability than an asset and if the community continues to entrust it with our dollars well all be shipped off in a gay Jim Crow railroad car. I can see why it might regard its communications as an embarrassment to remain hidden.
Challenge Judge Walker’s order by sending him your picture of you and your partner on Friday, April 16. Show your solidarity! We shall overcome!