Trial in Federal Court on the Legality of Proposition 8 Is Set For January

On Wednesday, August 19, a federal judge set a date for a trail on Proposition 8, the new law that stripped gays of their right to marry in California.
   Advocates of gay marriage are claiming that the ban violates the constitutional rights of gay couples.
   The lawsuit was brought by attorneys David Boies and Theodore Olson, known for representing opposing sides in the Bush v. Gore 2000 election challenge. The lawyers have prevented gay rights organizations from getting involved with the case for fear they would slow down the process.
   Two organizations that have been in the forefront on the fight for marriage quality – Lambda Legal, The American Civil Liberties Union and the National Center for Lesbian Rights filed joint petition with the court to become plaintiffs in the case.
   But Boies and Olson, representing two gay California couples that were denied a marriage license, prevented the gay rights groups from filing the petitions.
   US District Judge Vaughn Walker backed this decision, though he did allow the city of San Francisco to become a plaintiff. On the other side of the case, he denied a petition from supporters of Prop. 8 to join the defense.
   It's significant that San Francisco is joining the plaintiffs because it could provide evidence that documents how the gay marriage ban affects municipalities, said Molly McKay, spokeswoman for the gay rights group Marriage Equality USA.
   Reports suggest that the city's attorney would attempt to document the public health costs from psychological distress caused by anti-gay marriage amendments.
   Boies and Olson argument is that Prop. 8 denies their clients "the basic liberties and equal protection under the law that are guaranteed by the Fourteenth Amendment of the Unites States Constitution."
   Both Gov. Arnold Schwarzenegger and California Attorney General Jerry Brown are named as defendants. Mr. Brown has said he won't defend against the suit, and Governor Schwarzenegger said that he wants to remain neutral.

Submitted by Editor on Fri, 08/21/2009 - 7:51pm.

• Same-sex marriage (CA)