This week Prop. 8 backers cried foul -- saying Walker illegally used that clip, which was under seal during the trial and explicitly forbidden from broadcast by the U.S. Supreme Court. In a lawsuit filed with the 9th Circuit Court of Appeal, Prop. 8 attorneys accuse Walker of illegally and unethically using the tapes and ask the court (the same court now considering the appeal of Walker's decision) to force Walker to turn over all copies of the trial so they won't be broadcast again.

Walker retired from the bench 10 days after that Feb. 18th speech -- so he's no longer subject to professional discipline. Walker recently told the media he thinks the tapes are part of the public record.

Ironically, when the 9th Circuit heard the appeal of Walker's decision last December, cameras were allowed in the courtroom. In fact, the 9th Circuit regularly allows broadcast of appellate proceedings.

The appeal of Walker's decision is currently on hold while the State Supreme Court considers whether proponents of ballot measures have legal standing to defend them when state officials decline to do so. Meanwhile, gay rights groups are mulling over the pros and cons of a 2012 ballot measure to undo Prop. 8 and legalize same sex marriage.

Vaughn R. WalkerVaughn R. Walker

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