Federal judge reviews arguments in Prop. 8 case
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SF Chronicle: For one side in the federal court battle over same-sex marriage in California, Proposition 8 was just the latest example of historical persecution of gays and lesbians based on sexual orientation.
The other side says it's not sure sexual orientation even exists. Those were typical of the responses a federal judge received when he asked supporters and opponents of the November ballot measure for a joint brief in the lawsuit over whether California's voters violated the U.S. Constitution when they banned same-sex marriage in the state. The brief was supposed to spell out which issues the judge could decide based on legal arguments and which would require a trial. The two sides agreed on one main point: They don't have enough common ground to file a joint brief. They disagreed on virtually everything else, including whether the case should go to trial. This is more than just a quibble over procedure. If Chief U.S. District Judge Vaughn Walker decides against a trial, some issues will be taken off the table, including any examination of the Prop. 8 campaign, its ads and ballot arguments, and the motives of its backers. That could prove to be the critical issue in the case. The plaintiffs hope to prove that Prop. 8, promoted as a measure to preserve traditional marriage, was actually motivated by its backers' moral and religious disapproval of homosexuality. That's not a legitimate basis for a state law, the U.S. Supreme Court ruled in a Colorado case in 1996. In addition, any ruling without a trial would carry little weight with higher courts, which are required to defer to Walker's factual findings but not his legal conclusions. Walker has asked for a final round of briefs before a hearing Wednesday on how the case should proceed.
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