Prop. 8 Heads Back to Court

PROP 8 GREENLIGHT X390 (PHOTOS.COM) | ADVOCATE.COM

The legal battle over same-sex marriage in California is headed back to court Wednesday when a federal judge will consider a motion that would scrap plans for a January trial and put a quick end to the federal effort to overturn the ban.

Prop. 8 supporters will argue that U.S. Supreme Court precedent and the historical definition of “marriage” defeats the need for a court case. Same-sex marriage advocates plan to argue that Prop. 8 denies gay couples federal equal-protection rights.

Based on past comments from chief U.S. district judge Vaughn Walker, Prop. 8 backers aren’t expected to be successful at averting a trial. He has previously indicated that he believes the case warrants a trial to develop a full record for higher court review. Many predict the case will reach the Supreme Court.

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Reader Comments

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Name: Michael Singer
Date posted: 10/14/2009 4:58:46 PM
Hometown: San Francisco

Comment:
I don't know, commenter #2 (I'd address you by name but this awesome comment-entry function doesn't let me look at the item to which I am responding), Anthony Kennedy doesn't have a history of quashing GLBT rights. In the Lawrence case, remember, he voted with the reasonable side of the court, with O'Connor no less. What he might do, unfortunately, is look at the case as a state v. federal issue, in which case he may uphold the ugly proposition. But don't count on it being a lost cause if it goes to court as it exists now, especially if perennial Friend of Court Teddy Olsen is winking at Kennedy from the Plaintiff's section.
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Name: The Normal
Date posted: 10/14/2009 1:47:43 PM
Hometown: Chicago

Comment:
“U.S. Supreme Court precedent and the historical definition of “marriage” defeats the need for a court case” that is such a dumb argument. Since when does the court decide what the definition of marriage is? It’s about EQUAL RIGHT STUPID
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Name: Roger Burr
Date posted: 10/14/2009 11:45:15 AM
Hometown: Marble Hill, MO

Comment:
If this case gets to the SSCOTUS, we better pray Obama has made at least one more appointment. Given the p[resent make-up of the court; a defat for LGBT equality is all but guaranteed. That would set us back at LEAST a generation.

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