Perry

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 following his retirement, would permit the broadcast of the recording for all to view. It is important to explain at the outset what our resolution of this case is not about. First, we do not resolve any of the policy questions with which courts are now struggling about how to reconcile the traditional concept of “openness” in judicial proceedings with the development of technology that has given the term a new meaning. The Judicial Conference of the United States and Circuit Judicial Councils have been considering this issue for some time, and we have neither the need nor the desire to offer an additional opinion here. While we agree with Justice Holmes “that the trial of causes should take place under the public eye, ... because it is of…