Prop 8 Headed Back to Court

The legal showdown over California’s ban on gay 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 this state.

On Wednesday, Chief U.S. District Judge Vaughn Walker will consider a motion from Proposition 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. Proposition 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 Proposition 8 denies gay couples federal equal protection rights.

Based on Walker’s comments to date, Proposition 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 U.S. Supreme Court.

Read more at: Mercury News!