The day before elections, Judge Walker, who is presiding over the federal challenge to Prop 8, held a hearing over a dispute concerning the proponents of Prop 8 and their unwillingness to hand over certain ordered internal campaign communications regarding messaging to the plaintiffs.
These documents are vital to the plaintiffs in their effort to prove that those responsible for Prop 8 are not concerned about the welfare of the state, traditional marriage or the weak argument of protecting procreation, but that they acted out of animus toward the LGBT population.
On November 11, Judge Walker ordered they hand over the documents, stating that they were not protected from disclosure.
Well, it gets better. They still haven't handed over the documents. According to California attorney Rick Xiao at blog Proposition 8 and the Right to Marry:
Today Judge Walker dropped the hammer on Prop. 8 proponents and ordered immediate production of internal communications concerning their campaign strategies and messages to voters. Among other things, Judge Walker admonished Prop. 8 proponents that his previous discovery orders, while being appealed to the Ninth Circuit, remain in effect because the appellate court has not issued a stay. Thus, Prop. 8 proponents risk contempt of the court if they continue to withhold production. According to today’s order, Prop. 8 proponents are ordered to produce additional responsive documents on a rolling basis to conclude not later than the close of fact discovery on November 30, 2009.Here is the copy of the order, an order he's had to issue THREE TIMES:
Walker's Order Compelling Production in Perry v. Schwarzenegger Filed 11-19-09
It really makes you wonder what's in those documents and what it is they're trying to hide at the risk of being thrown in jail for contempt.
This January trial is going to be good.