Judge sets January trial for Prop. 8 lawsuit
Bob Egelko, Chronicle Staff Writer
Wednesday, August 19, 2009
(08-19) 14:10 PDT SAN FRANCISCO -- A federal judge has scheduled a trial for Jan. 11 on the constitutionality of California's voter-approved ban on same-sex marriage - the first trial on that issue in any U.S. court - and allowed the city of San Francisco to join the case against the ballot measure.
Chief U.S. District Judge Vaughn Walker's decision Wednesday to hold a trial on whether Proposition 8 violates gays' and lesbians' rights to equality under the law was a tactical victory for opponents of the November 2008 initiative, who say experts and other witnesses can help them show that Prop. 8 was rooted in anti-gay bias.
Sponsors of the ballot measure had opposed a trial, saying legal precedents and studies about parents and children can easily demonstrate that voters had reasonable grounds to add a traditional definition of marriage to the state Constitution.
But their lawyer, Charles Cooper, did not argue against a trial at Wednesday's hearing in San Francisco and said only that he would try to narrow its scope.
Read more:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/08/19/BA7T19AQ10.DTL&tsp=1