Wednesday, August 19, 2009

Trial Date For Prop 8 Challenge Is Set

January 11, 2010 is the trial date for the Prop 8 challenge.

The Mercury News reports:
"During a hearing in San Francisco, Chief U.S. District Judge Vaughn Walker ordered lawyers on both sides of the case to gear up quickly for the trial, which foes of California's same-sex marriage ban hope will be the first step in getting the legal fight over gay marriage to the U.S. Supreme Court.

Backed by former U.S. Solicitor General Theodore Olson and prominent lawyer David Boies, two same-sex couples sued in federal court this past spring to overturn Proposition 8, approved by voters in fall 2008 to restore California's ban on gay marriage. The lawsuit maintains Proposition 8 violates the federal constitutional rights of gay and lesbian couples by denying them the equal right to marry, and marks what is likely to be the first crucial legal test in the federal courts over the issue.

The California Supreme Court this past spring upheld Proposition 8, which amended the California Constitution to outlaw same-sex marriage, but the justices left intact an estimated 18,000 gay marriages that took place last year before voters approved the measure by 52 to 48 percent. Those weddings took place after the state Supreme Court struck down the state's previous laws banning same-sex marriage."
In an odd twist the judge in this trial made comments about the state lack of a defense in this case:
"Walker took a swipe at Schwarzenegger's position at the conclusion of today's hearing, saying, 'I must say I'm surprised at the governor's position in this case. ... This is a matter of some importance to the people of the state.'"
I can't wait for the crazy protests.

Photo thanks to Sphere: Related Content

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