A federal appeals court in San Francisco ruled Thursday that a video recording of a 2010 trial on the constitutionality of Proposition 8, the state’s ban on same-sex marriage, must remain sealed.
A three-judge panel of the 9th U.S. Circuit Court of Appeals said it was bound by a promise made by then-U.S. District Judge Vaughn Walker of San Francisco during that trial that the video would not be broadcast.
“The trial judge on several occasions unequivocally promised that the recording of the trial would be used only in chambers and not publicly broadcast,” wrote Circuit Judge Stephen Reinhardt.
The nonjury trial before Walker, who has since retired, was on a lawsuit in which two couples challenged Prop. 8.
Walker ruled in August 2010 that the measure violated the U.S. Constitution. The sponsors of the initiative have appealed to the 9th Circuit, but the court has yet to make a ruling.