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S.D. Mayor to Testify Against Prop. 8


JERRY SANDERS SAN DIEGO X390 (GETTY) | ADVOCATE.COM

San Diego mayor Jerry Sanders, the Republican who reversed his opposition to marriage equality because of his lesbian daughter, will be a witness in the federal trial on the lawsuit seeking to overturn Proposition 8.

The mayor’s participation was announced Wednesday by San Francisco city attorney Dennis Herrera, according to the Gay & Lesbian Times of San Diego. San Francisco is a party to the lawsuit.

“Herrera said he traveled to San Diego last week to meet with Sanders and that Sanders readily agreed to testify in the case, which seeks to overturn the constitutional amendment banning same sex marriage narrowly approved by California voters last year,” reported the Gay & Lesbian Times.

Sanders announced his change of heart on marriage equality during an emotional news conference that made headlines around the world in 2007.

Star attorneys Ted Olson and David Boies, who hail from opposite sides of the ideological spectrum, have joined forces to argue against Prop. 8. The trial is set to begin January 11.

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Reader Comments
  • Name: Rod Wright
    Date posted: 11/22/2009 12:05:17 AM
    Hometown: CDA, ID.

    Comment:

    Thank You Mayor. Sincerely, Rod Wright

  • Name: Laurent
    Date posted: 11/20/2009 9:20:24 PM
    Hometown: World

    Comment:

    If Prop 8 were to be repealed before the Supreme Court made its ruling (unlikely) then it would be up to the Supreme Court because the question being put before it is not the content of Prop 8 but does a simple majority have the right to take away a subg4roups constitution protections under Article 14 of the US constitution. They could stillk decide to rule on the matter and if it is favourable 31 states that have anti gay amendments and DOMA would all be struck down as unconstitutional. While Prop 8 is the trigger, it is not the sole decision being questionned. It would be much like Loving decision in that it would apply to all states simultaneously.

  • Name: Laurent
    Date posted: 11/20/2009 9:19:47 PM
    Hometown: World

    Comment:

    If Prop 8 were to be repealed before the Supreme Court made its ruling (unlikely) then it would be up to the Supreme Court because the question being put before it is not the content of Prop 8 but does a simple majority have the right to take away a subg4roups constitution protections under Article 14 of the US constitution. They could stillk decide to rule on the matter and if it is favourable 31 states that have anti gay amendments and DOMA would all be struck down as unconstitutional. While Prop 8 is the trigger, it is not the sole decision being questionned. It would be much like Loving decision in that it would apply to all states simultaneously.

  • Name: Chris
    Date posted: 11/20/2009 10:46:26 AM
    Hometown: St. Paul

    Comment:

    If Prop 8 is overturned before the district court rules, the case becomes moot. Something tells me that they would then file another case in another jurisdiction.

  • Name: Frank E.
    Date posted: 11/20/2009 10:28:57 AM
    Hometown: Austin

    Comment:

    Does anyone know what happens in the following scenario: say the lawsuit is successful on the district level, and it moves to the appeals court level. Then, say voters overturn prop 8 before the appeals court rules on it. Then what happens? Is the lawsuit then a mute point? It is good if voters overturn prop 8 next year say, but if they do this before this lawsuit is settled, then it might not ever get settled because then it would be a mute point if prop 8 is overturned by voters anyway. Then we would have equality in CA but not in some other places. Is there a way to both fight prop 8 in the ballot box but still allow the court process to go forward so finally we can have SCOTUS say things like prop 8 are unconstitutional once and for all, thus making equality the law of the land in all states? Just wondered. Would overturning prop 8 stop the lawsuit process from going forward? If any counselors of law out there could weigh in, that would be helpful! :-)



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