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PERRY v. BROWN

No. 11-17255.

KRISTIN M. PERRY; SANDRA B. STIER; PAUL T. KATAMI; JEFFREY J. ZARRILLO, Plaintiffs-Appellees, CITY AND COUNTY OF SAN FRANCISCO, Intervenor-Plaintiff-Appellee, MEDIA COALITION, Intervenor, v. EDMUND G. BROWN, Jr., in his official capacity as Governor of California; KAMALA D. HARRIS, in her official capacity as Attorney General of California; MARK B. HORTON, in his official capacity as Director of the California Department of Public Health & State Registrar of Vital Statistics; LINETTE SCOTT, in her official capacity as Deputy Director of Health Information & Strategic Planning for the California Department of Public Health; PATRICK O'CONNELL, in his official capacity as Clerk-Recorder for the County of Alameda; DEAN C. LOGAN, in his official capacity as Registrar-Recorder/County Clerk for the County of Los Angeles, Defendants, and DENNIS HOLLINGSWORTH; GAIL J. KNIGHT; MARTIN F. GUTIERREZ; HAK-SHING WILLIAM TAM; MARK A. JANSSON; PROTECTMARRIAGE.COM-YES ON 8, A PROJECT OF CALIFORNIA RENEWAL, as official proponents of Proposition 8, Intervenor-Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 2, 2012.

Attorney(s) appearing for the Case

David Boies and Jeremy M. Goldman , Boies, Schiller & Flexner LLP, Armonk, NY; Theodore B. Olson (argued), Matthew D. McGill , and Amir C. Tayrani, Gibson , Dunn & Crutcher LLP, Washington, D.C.; Theodore J. Boutros, Jr. , Christopher D. Dusseault , Theane Evangelis Kapur , Enrique A. Monagas , and Joshua S. Lipshutz , Gibson, Dunn & Crutcher LLP, Los Angeles, CA; for Plaintiffs-Appellees.

Dennis J. Herrera , City Attorney; Therese M. Stewart (argued), Chief Deputy City Attorney; Christine Van Aken and Mollie M. Lee , Deputy City Attorneys; San Francisco, CA; for Intervenor-Plaintiff-Appellee.

Thomas R. Burke (argued) and Rochelle L. Wilcox , Davis Wright Tremaine LLP, San Francisco, CA; for Intervenor.

Andrew P. Pugno, Law Offices of Andrew P. Pugno , Folsom, CA; Charles J. Cooper , David H. Thompson (argued), Howard C. Nielson, Jr. , and Peter A. Patterson , Cooper and Kirk, PLLC, Washington, D.C.; Brian W. Raum and James A. Campbell , Alliance Defense Fund, Scottsdale, AZ; for Intervenor-Defendants-Appellants.

Before: REINHARDT, HAWKINS, and N.R. SMITH, Circuit Judges.

OPINION

REINHARDT, Judge.

In this latest round of litigation concerning California's adoption of an initiative constitutional amendment to prohibit same-sex marriage, we must decide whether the district court abused its discretion by ordering the unsealing of the video recording of the trial, which had purportedly been prepared by the trial judge for his in-chambers use only and was later placed in the record and sealed by him. The order, issued by his successor...

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