The L.A. Times‘s L.A. Now blog reports on the latest tactic used by the anti-Prop. 8 forces:
Lawyers for two gay couples challenging last year’s Proposition 8 initiative banning same-sex marriage in California brought their case to a federal appeals court panel in Pasadena today, arguing that they need access to initiative sponsors’ internal campaign communications to prove the ballot measure was passed with “discriminatory intent.”
It’s amazing to me how Proposition 8 opponents continually use terrorist tactics to wage their battle. There was the campaign to name everyone who contributed to the Prop. 8 campaign — which predictably turned into a campaign of harassment and intimidation. And there was the mob violence.
Now, they’re seeking internal e-mails from the campaign to try to prove that the people in the campaign are bigots. This is as clear an effort to chill speech as I’ve seen in some time — but what do you know? some Clinton-appointed judges don’t see it that way:
The judges, all appointees of President Clinton, expressed skepticism that the opponents of Proposition 8 needed to go beyond what was publicly available from campaign ads and Internet-based statements to show the strategy behind the initiative. But they also openly disputed [the pro-Prop. 8 lawyer's] contention that much of the communication was entitled to 1st Amendment protection.
I’d bet the farm Reinhardt’s one of them. He magically ends up on the panels for these hot-button issues, every time. Odd, that.
This is a thuggish tactic and it ought not prevail. Unfortunately, it looks like it will.
UPDATE: I misread “Clinton appointees” as “Carter appointees.” Reinhardt’s not one of them. I would have lost the farm.
Also, this post somehow got eaten but I think I have successfully reconstructed it. I think I lost a couple of comments, though. Sorry for the confusion.