Litigation

Prop. 8 Foes Seen Likely to Win at Trial

By Peter Hardin

Defenders of California’s  ban on gay marriage concluded their trial testimony in a federal courtroom, but closing arguments may not come until March. According to analysts who have monitored the trial, U.S. District Judge Vaughn Walker (photo at right) is likely to rule in favor of challengers of the same-sex marriage ban, the Los Angeles Times reported.

Meanwhile, lawyers from both sides debated before the news media. According to the New York Times, plaintiffs’ lawyer David Boies  said testimony established  that marriage is a fundamental right, that harm is caused when gay people are deprived of that right, and that ?there was no societal benefit to denying gays and lesbians the right to marry.?

Andrew P. Pugno, a lawyer for proponents of Proposition 8, said  the plaintiffs gave ?a spectacular show? but did not tackle the central issue,  whether  voters were within their rights to establish marriage as between a man and a woman in California.

The trial of a lawsuit challenging the same-sex marriage ban, implemented after voters approved Proposition 8 in 2008, wound down after two-and-a-half weeks. Judge Walker had signaled earlier he wanted time to study legal briefs and evidence before hearing closing arguments. The case, once it is decided in California, will probably be appealed all the way to the U.S. Supreme Court. You can read more about it in Gavel Grab.

Full post as published by The Gavel on January 28, 2010 (boomark / email).