Gay Marriage Foes Ask Judge to Dismiss Prop 8 Case

The legal showdown over California's ban on same-sex marriage heats up again this week as a federal judge considers an attempt to short-circuit the challenge to Proposition 8, the voter-approved law putting a halt to same-sex weddings in the state. On Wednesday, Chief U.S. District Judge Vaughn Walker will consider a motion from Prop. 8 backers that would scrap plans for a January trial and put a quick end to the effort to overturn the anti-gay marriage law. Prop. 8's defenders say U.S. Supreme Court precedent and the historical underpinnings of the definition of marriage negate the need for a trial, an argument strongly rejected by same-sex marriage advocates who vow to present strong factual evidence that Prop. 8 denies gay couples federal equal protection rights. Based on Walker's comments to date, Prop. 8 backers may have an uphill fight to avoid a trial, even with what some legal experts say are several strong legal arguments. The judge has indicated on numerous occasions that he believes the case warrants a trial to develop a full record for higher court review that many predict could reach the Supreme Court. Full Story from the Oakland Tribune: http://www.insidebayarea.com/sanmateocountytimes/localnews/ci_13539981

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