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: JURIST - The Paper Chase

California federal court begins Proposition 8 trial

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

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[JURIST] A trial on the constitutionality of California's Proposition 8 same-sex marriage ban commenced Monday in the US District Court for the Northern District of California. Proceedings included opening statements from lead attorneys and testimony from plaintiffs seeking the right to marry their same-sex partners. Judge Vaughn Walker, who is presiding over the Proposition 8 trial, ruled in October that the case could be heard in federal court. Walker has said the trial is necessary to ascertain the level of constitutional protection granted to same-sex couples. Testimony is expected to continue for several weeks. Because of the explosive impact the trial could have on same-sex marriage rights in the US, the start of the trial has engendered controversy over the broadcast of the proceedings. Earlier Monday, the US Supreme Court temporarily blocked the broadcast of the trial on the video-sharing site YouTube. The Court's decision overruled Judge Walker's earlier deicision to allow the trial to be recorded and posted on the District Court's YouTube channel. Proposition 8's supporters have argued that the trial's broadcast could lead to witness intimidation. Proposition 8 was approved by California voters in November 2008.

Full post as published by JURIST - The Paper Chase on January 11, 2010 (boomark / email).

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