On December 11, 2009, the US Court of Appeals for the Ninth Circuit ruled that California same-sex marriage supporters cannot access Proposition 8 supporters' internal campaign communications. The court denied disclosure of the documents on First Amendment grounds, finding that it would violate the right of freedom of association. Proponents of same-sex marriage wanted to use the documents as evidence in the upcoming suit challenging Proposition 8 to show that its passage was "the result of disapproval or animus against a politically unpopular group." The suit resulted in a finding that the California ban on same-sex marriage was unconstitutional under the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment.
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