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Appeals court holds up release of Proposition 8 trial videotape

SAN FRANCISCO – The Ninth Circuit Court of Appeals has blocked the unsealing of the Proposition 8 trial videos after an appeal was filed by supporters of the California law that took away marriage equality.

Federal Judge James Ware had ruled earlier this month that the Prop 8 trial tapes could be released for public viewing, but he gave the Yes on 8 supporters until Sept. 30 to file an appeal of his ruling.

Late Monday, the Ninth Circuit issued this terse document:

The district court’s September 19, 2011 order is temporarily stayed pending
consideration of appellant’s emergency motion for stay pending appeal. Briefing
on the motion for stay shall proceed in accordance with Fed. R. App. P. 27(a)(3)

The appeals court did not set a date for a hearing on the appeals motion.

This is the umpteenth court action that further delays any action on federal Judge Vaughn Walker’s historic ruling on Aug. 4, 2010, that Proposition 8 was unconstitutional. To date, the Ninth Circuit is also weighing an appeal of the original Walker ruling by the Yes on 8 supporters. And no doubt that any ruling on any matter will spawn yet another appeal to the U.S. Supreme Court. The goal of the Yes on 8 supporters is to delay, delay, delay until it either runs out of options or gets a favorable decision by the U.S. Supreme Court, which leans to the right.