Wednesday, October 14, 2009
Judge refuses to dismiss Prop 8 challenge
From Susan Russell's blog An Inch at a Time
As reported by the L.A. Times:
A federal judge refused today to dismiss a constitutional challenge to Proposition 8, ruling the voter-approved ban on same-sex marriage raised legal and factual issues that required a trial.
U.S. District Judge Vaughn R. Walker, ruling after nearly two hours of arguments in San Francisco, rejected contentions by Proposition 8's proponents that precedent and tradition clearly showed last November's ballot measure permissible under the U.S. Constitution.
Walker previously ordered the Proposition 8 campaign to disclose its internal memorandums and communications to gay rights lawyers. The campaign is appealing that order to the U.S. 9th Circuit Court of Appeals on 1st Amendment grounds.