Judges from the Ninth U.S. Circuit Court of Appeals have voted not to re-consider its earlier decision allowing Prop. 8 supporters to keep their strategizing secret.
Plaintiffs in a lawsuit looking to overturn Prop. 8, the voter-approved amendment to the state's constitution banning marriage equality, had requested access to the internal documents produced by the Yes on 8 campaign.
A three-judge panel earlier overturned U.S. District Judge Vaughn Walker's order that the defendants turn over campaign e-mails and memos, ruling that future campaigns might be hindered if their communications made public.
This isn't the first time that Prop. 8 supporters have worked to keep information about their campaign private.
Prop. 8 supporters have taken efforts to conceal information about who donated time and money to the campaign, scared of retribution from fierce homophiles, though were unsuccessful.
After publication of the identities of the amendment's supporters, a wave of gay-basher-bashing immediately did not sweep the state.
The next question is whether or not the proceedings would be televised. The defense counsel is again arguing that if shown in court, supporters would be exposed to potential retribution, though of course their names and testimony will already be made public.
Jackson West suggests that if marriage equality detractors don't want to be recognized, they could always wear pointy, white hoods.