Federal Judge Urges Quick Trial on Marriage Ban

U.S. District Court Chief Judge Vaughn Walker wants a trial on California's same-sex marriage ban to proceed quickly but indicates he won't suspend gay marriage ban in the meantime.

Gov. Arnold Schwarzenegger and Attorney General Jerry Brown, defendants in the lawsuit, had argued against lifting the ban. They said allowing same-sex marriages to resume would create confusion for couples and for the state.

But both also urged the judge to hear the case quickly. Brown also has sided with the plaintiffs who brought the lawsuit — two unmarried same-sex couples say the ban voters narrowly approved in November violates their civil rights.

"We are very happy. What we have wanted all along is for this case to move expeditiously to a final judgment that Proposition 8 is unconstitutional," said Theodore Olson, one of the lawyers representing the two couples.

Ordinarily, a civil lawsuit could take a year or more to be heard in court. Given Walker's favoring a faster timeline, it would not be unreasonable to expect him to hear the Proposition 8 challenge by the end of the year, Olson said in published reports.

Some legal experts believe taking this case to federal courts is a bad idea because many expect the current U.S. Supreme Court is not in favor of equal rights for gay, lesbian, bisexual and transgender people.

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