Gay Marriage Advocates Lose Lawsuit In 9th Circuit Court Of Appeals Attempting To Have Pro-Traditional Marriage Groups Turn Over Internal E-Mails

UPI reports that an "appeals court in California has ruled forcing an anti-gay marriage group to turn over internal e-mails would violate the right to freedom of association. Three judges of the U.S. 9th Circuit Court of Appeals unanimously reversed a lower court ruling, the Los Angeles Times reported. The appeals panel ruled for the Protect Marriage group and Yes-on-8, a coalition supporting a referendum to ban gay marriage in California. 'The freedom to associate with others for the common advancement of political beliefs and ideas lies at the heart of the First Amendment,' the opinion said. Lawyers for two gay couples sought access to internal e-mails, arguing they would show the campaign against same-sex marriage was trying to create 'discriminatory animus' towards homosexuals."

The Los Angeles Times quoted the opinion of the Court as saying that disclosing the inner workings of the Proposition 8 campaign "would have the practical effect of discouraging the exercise of 1st Amendment associational rights." They judges added that the initiative's foes had failed to show that their need to review the communications outweighed the defendants' rights and interests. Andy Pugno, general counsel for Protect Marriage, said Proposition 8 backers were "very pleased" with the appellate ruling. "It's about the principle, that campaign leaders and workers should not have to be put on trial for their thoughts and beliefs," he said. "Whether they had been able to pry into campaign strategy memos or not, the campaign was singularly focused on protecting marriage and not attacking anyone." Tweet