Prop. 8 argument heads to federal court trial in January

Judge rejects bid by supporters to dismiss lawsuit

A federal judge in San Francisco refused Wednesday to dismiss a lawsuit challenging Proposition 8, California's ban on same-sex marriage.

The decision by U.S. District Judge Vaughn Walker keeps the lawsuit filed by two same-sex couples on track for a trial on federal constitutional issues in January.

Walker turned down a bid by supporters of Proposition 8 for dismissal of the case in a summary judgment without a trial. He said after a two-hour hearing that the case contains a number of issues that can be decided only after evidence is presented at a trial.

Walker said, "These are issues for trial. The presentation of evidence, I believe, is essential to these issues."

The disputes include whether the U.S. Constitution gives same-sex couples a fundamental right to marry and whether Proposition 8 was enacted by the voters last November with discriminatory intent. A second key issue is what standard should be used to judge the constitutionality of Proposition 8.

The two couples, Kris Perry and Sandy Stier of Berkeley and Paul Katami and Jeff Zarrillo of Burbank, filed their federal lawsuit in May, four days before the California Supreme Court ruled that voters had the power to amend the state Constitution through Proposition 8.

Their lawyers include former U.S. Solicitor General Theodore Olson of Washington, D.C., and David Boies of Armonk, N.Y., who argued on opposite sides of the Bush v. Gore case that decided the 2000 presidential election. The lawsuit claims Proposition 8 violates their federal constitutional rights to due process and equal treatment.

Walker's future decision in that trial is considered certain to be appealed to the 9th U.S. Circuit Court of Appeals and then the U.S. Supreme Court.

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Like this comment
Posted by Terry
a resident of Highland Oaks
on Oct 16, 2009 at 10:32 am

The prop 8 vote by the people is useless. The majority(vote) use to mean that the people had made a choice. Now days, it is the judges who think they know better, plus we have a government (both Sacramento and Washington) that does not listen to the citizens.

If the leaders do not like what you say, you are called Nazi and Un-American. The leaders "think" they know what is best for the common folks.

Welcome to America !

Like this comment
Posted by dublinmike
a resident of Dublin
on Oct 16, 2009 at 10:51 am

The court system allows anyone the right to appeal laws if they think they are unjust or discriminatory, which is what Prop 8 is.

I do agree with you, however, that our government does not listen to the citizens, it's that I disagree with you on your stance of denying the rights to other US citizens.

Like this comment
Posted by Stay Cool
a resident of Another Pleasanton neighborhood
on Oct 16, 2009 at 10:56 am

The majority does not have the right to strip a minority of their civil rights. Prop 8 is an outrage. And don't tell me it's about protecting traditional marriage or our kids - kids learned about gay marriage when they asked what all those ridiculous yellow lawn signs were about.
It's weird, because the only people I see being called Nazis and America-haters are Obama and his supporters.

Like this comment
Posted by dublinmike
a resident of Dublin
on Oct 16, 2009 at 11:12 am

Stay Cool, you have a point about the Nazis label placed on Obama. As the old saying goes, it takes one to know one... :)

Like this comment
Posted by Cholo
a resident of Livermore
on Oct 16, 2009 at 11:49 am

How come you continue to live a country that forces you to pay high taxes & support services for illegals if you truly believe that "common folks" like you are suffering? Have you ever consider never paying any taxes as a way to register your displeasure? Hmmmmmmmmmmmmm...incidentally, I think of you as a true patriot! hip-hip hooray!

Like this comment
Posted by PToWN94566
a resident of Another Pleasanton neighborhood
on Oct 16, 2009 at 12:00 pm

PToWN94566 is a registered user.

Terry isn't your comment a bit hypocritical? You claim that "The leaders "think" they know what is best for the common folks". In reality, the leaders are the majority. Since I'm assuming that you are part of that majority, what gives you the right to decide what is best for myself or any other gay or lesbian person, or any minority?

I've said this many times before, but I'll say it again. I'll never understand why people are so against something that they are not a part of or welcomed to be a part of. The churches that are against gay marriage are not involved with life and yet they still want to tell me what is right or what is wrong.

Sorry, but further commenting on this topic has been closed.

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