Judge to Prop. 8 backers: Turn over your papers

Bob Egelko, Chronicle Staff Writer
Saturday, October 3, 2009

Plaintiffs in a federal suit seeking to overturn Prop. 8 - two same-sex couples, a gay-rights organization and the city of San Francisco - contend that the measure's real purpose was to strip a historically persecuted minority group of rights held by the majority.

If the courts find that the ballot measure was motivated by discrimination, they could strike it down without having to decide whether gays and lesbians have a constitutional right to marry.

"The intent or purpose of Prop. 8 is central to this litigation," Chief U.S. District Judge Vaughn Walker declared Thursday in requiring backers of the November 2008 measure to give the opposing side their internal campaign communications. the rest