Judge Ware agreed with Plaintiffs, stating, "Foremost among the aspects of the federal judicial system that foster public confidence in the fairness and integrity of the process are public access to trials and public access to the record of judicial proceedings. Consequently, once an item is placed in the record of judicial proceedings, there must be compelling reasons for keeping that item secret. In the course of the non-jury trial of this case, at the direction of the presiding judge, court staff made a digital recording of the trial. After the close of the evidence, the judge ordered the clerk of court to file that digital recording under seal. The trial record is closed and the case is currently on appeal to the Ninth Circuit.”

Chad Griffin, AFER Board President said, “This is a significant victory for the American people, who will soon be able to see the evidence put forward by both sides in this historic federal trial.  Unlike political campaigns, in a court of law, the truth and facts are all that matter. When witnesses take the stand, they are under oath and under penalty of perjury, and their statements are subjected to cross-examination and scrutiny.  The public will soon see the extraordinarily weak case that the anti-marriage Proponents presented in a desperate attempt to defend this discriminatory law.”