New Battle in Gay Marriage Case Is Over Opponents’ Motives, Internal E-Mails

Lawyers challenging the California referendum that banned gay marriage in the state are seeking access to e-mails and other internal documents of referendum backers in a quest to show discriminatory motives.

Lawyers for gay-marriage supporters say internal documents showing discriminatory intent would be relevant because they would undermine claims of a rational state interest in the marriage ban, according to the Recorder and the Associated Press.

Opponents of gay marriage say First Amendment protections for free speech and association should protect much of the evidence.

U.S. District Chief Judge Vaughn Walker in San Francisco is expected to rule in the case this week. The Recorder said Walker asked about the possibility of a protective order during a hearing on the issue, indicating he may be "angling for some sort of compromise."

Prior coverage:

ABAJournal.com: “Why Ted Olson Agreed to Fight for Gay Marriage”