A split U.S. Court of Appeals for the Ninth Circuit panel on Thursday said sealed videotapes of the historic 2010 trial that struck down a ban on same-sex marriage can be made public, finding that opponents could not show that doing so would harm them.

None of those who testified in favor of Proposition 8, the same-sex marriage prohibition approved by California voters in 2008, have declared “that they fear harassment or reprisals if the recordings are unsealed,” Judge William Fletcher wrote for the majority.