Source: San Francisco Chronicle

Federal judge taking long look at Prop. 8

Bob Egelko, Chronicle Staff Writer

Wednesday, July 1, 2009


(06-30) 19:00 PDT SAN FRANCISCO -- A federal judge said Tuesday he's inclined to leave California's ban on same-sex marriage in effect for now, but wants an early trial to determine whether the voter-approved prohibition violates the U.S. Constitution's guarantee of equality.
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In his first response to the lawsuit challenging Proposition 8, Chief U.S. District Judge Vaughn Walker of San Francisco said the case raises numerous issues that may need to be considered at a trial, including the history of discrimination against gays and lesbians and the intent and effects of the state constitutional amendment.

Two same-sex couples filed the federal suit last month, four days before the state Supreme Court upheld Prop. 8 in separate proceedings as a valid amendment to the California Constitution. The November ballot measure invalidated the court's May 2008 ruling that struck down a law defining marriage as the union of a man and a woman.

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In Tuesday's order, the judge said he has tentatively decided instead to move "directly and expeditiously" to a trial on the constitutionality of the measure.

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