The US Supreme Court will not hear a case in which opponents of marriage equality in California hoped to keep their 2010 court arguments secret.
The case has its origins in the battle around California's notorious Proposition 8, a 2008 ballot measure in which California voters rejected marriage equality.
In 2008 the California Supreme Court ruled that the state's residents had a right to marry a person of their choice regardless of sex. A coalition of right-wing groups then filed a ballot measure to overturn the court's decision.
That measure, Prop 8, was passed by voters after a vicious and well-financed Queer-baiting campaign. Two Gay couples then sued, charging the new law with violating their rights.
The state government declined to defend the anti-equality law in court, but the Prop 8 campaign coalition hired attorneys and went to court in the state's place.
Because of public interest in the outcome, the judge overseeing the case, Vaughn Walker, said he would livestream the trial to outside venues to accommodate observers. Defenders of Prop 8 objected, and the US Supreme Court intervened to prevent public showings of the trial.
Nevertheless, Judge Walker videotaped the trial for his own reference. The tapes became part of the trial record but have remained under seal to this day.
Walker found in favor of the Gay couples, ruling that Proposition 8 was unconstitutional and barring the state from enforcing it. Prop 8 supporters then appealed his ruling, and eventually — in 2013 — the US Supreme Court allowed Walker's ruling to take effect, legalizing same-sex marriage in California.
Walker retired in 2011. His trial tapes became subjects of complicated litigation, with a court preventing Walker from using them in his post-retirement public appearances. An appeals court ruled that the tapes could be unsealed — and therefore could be made public — in 2020.
The defenders of Prop 8 argued that the video should remain sealed, however, saying that they feared for their safety if their identities were made public. A court later concluded that there was no evidence that anyone involved in the case "fears retaliation or harassment if the recordings are released."
The judge also said no one believed at the time of the trial that Walker's commitment to personal use of the recordings meant that the trial recordings would remain under seal forever."
The trial judge's ruling was upheld by a federal appeals court, leading the Prop 8 supporters to appeal to the US Supreme Court. The high court's decision not to hear the appeal means that the tapes of the original trial will eventually become public.