Federal Judiciary

Prop. 8 hearing set Dec. 6

By Lyle Denniston

A hearing in the Ninth Circuit Court on the constitutionality of California’s Proposition 8 — a state constitutional amendment that banned same-sex marriage — has been set for 10 a.m. (Pacific time) on Monday, Dec. 6, the Court announced Thursday.  Each side will have one hour for argument.  The hearing will be a combined one on the appeals of the backers of Proposition 8 and by Imperial County (dockets 10-16696 and 10-16751, respectively).  Both cases carry the title Perry v. Schwarzenegger.

Under the practice of the Circuit Court, the three judges who will hear the case will not be identified publicly until the week before the hearing.  The merits briefing of the case is scheduled to be completed on Nov. 1, with the filing of the reply briefs by the Proposition 8 backers and Imperial County.

U.S. District Judge Vaughn R. Walker has struck down Proposition 8, but the state is refusing to appeal.   The measure’s supporters and Imperial County are attempting to stand in for the state to defend the measure’s validity.

The December hearing will be at the James R. Browning U.S. Courthouse in San Francisco.

Full post as published by SCOTUSBLOG on October 21, 2010 (boomark / email).