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A Historic Win For Love in California

After a 12-year effort, KQED scored a historic legal victory. In October 2022, the U.S. Supreme Court cleared the way for the release of videotapes from the 2010 federal trial in San Francisco that ultimately led to the legalization of same-sex marriage in California.

In 2009, a KQED-led media coalition sought to broadcast a trial covering the constitutionality of Prop. 8, a California ballot proposition created by opponents of same-sex marriage. The sensational footage exposed the discriminatory arguments that Judge Vaughn Walker had to consider in deciding whether or not same-sex couples had the right to marry.

In 2017, KQED asked the Northern District of California to unseal the tapes, arguing that the footage should be made available as a vital part of the public record.

While the court did not agree to immediately release the tapes, it did order them to be unsealed on Aug. 12, 2020 — 10 years after the case closed.

In declining to hear an appeal of lower-court rulings this past fall, the Supreme Court effectively cleared the way for the tapes to be released. In the opinion of KQED attorney Thomas R. Burkey, “There’s no doubt that the video will become a valuable instrument to educate the public about this historic moment.”

The effort to make this historic footage public was spearheaded by Scott Shafer, Senior Editor, KQED Politics and Government Desk. Shafer covered the Prop. 8 trial and subsequent contest over this footage extensively for KQED. The release of the videos documents an important historical moment in the fight for LGBTQIA+ rights in California.

Read the full story at kqed.org.

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