Tapes of the 2010 San Francisco federal trial that first struck down California's same-sex marriage ban as unconstitutional can be released to the public, a three-judge panel of the 9th U.S.
Circuit Court of Appeal ruled in a 2-1 decision November 18. The saga over the tapes has lasted longer than the saga over Proposition 8 — the same-sex marriage ban approved by Golden State voters in 2008 — itself.
KQED-TV, the Bay Area affiliate of the Public Broadcasting System, has been fighting for access to the tapes for documentary purposes.
9th Circuit Judge Carlos F. Lucero joined Judge William A. Fletcher's majority opinion; Judge Sandra S. Ikuta dissented. Fletcher ruled that proponents of Prop 8, who'd wanted the tapes to remain under seal,