Supporters of Prop. 8, the California ballot measure that voters approved invalidating gay marriage lost in federal appeals court when a panel voted 2-1 that political contributions of $100 or more must be public. The supporters of the measure overturned by federal court in 2010 feared their donors would be harassed when their identifies were revealed. Judge Milan Smith Jr. noted that disclosure protected the electoral process by discouraging corruption and informing voters of the political leanings of donors. (Trial Insider, May 20, 2014, by Pamela A. MacLean)
The supporters had claimed that California’s interest in disclosure was of little consequence, but Smith ruled that the interests of the electorate outweighed First Amendment challenges raised by the disclosures. The lawyer for the supporters thought that their case was compromised by the fact that the donors’ names had been part of the public record since 2009. (Metropolitan News-Enterprise, May 21, 2014, from Staff and Wire Service Reports)