It's been hard going for proponents of
a California constitutional amendment that bans gay marriage in Chief
U.S. District Judge Vaughn Walker's courtroom in San Francisco. On
Wednesday Walker handed them their latest setback when he refused to
dismiss a challenge to Proposition 8, the voter-approved measure that
bans gay marriage, gay weekly Bay
Area Reporter reported.
Attorneys representing
ProtectMarriage.com urged Walker to dismiss the challenge because
Proposition 8 does not violate the U.S. Constitution. They argued
that the state's restriction of marriage to heterosexual couples
fosters procreation. Proposition 8, they said, does not discriminate
against gay and lesbian couples.
Plaintiffs say Proposition 8 “was
only made on the grounds of animus toward same-sex couples,”
Defense Attorney Charles Cooper said. “This claim we resist and
reject.”
Walker disagreed, saying that key
issues such as how restricting marriage to heterosexual couples
fosters procreation could only be answered at trial. And he lanced
Cooper's main argument, telling him that “procreation doesn't
require marriage.”
The lawsuit was filed in May by a
lesbian couple and a gay couple who would like to marry in California
but were denied a license because of the ban. The couples are
represented by Ted Olson and David Boies. Olson has repeatedly said
he believes the case will ultimately be decided by the Supreme Court.
Last month, Walker ordered the group to
produce internal emails, memos and records associated with its
strategy to ban gay marriage in the state. Cooper, a lawyer with the
Christian conservative group the Alliance Defense Fund, argued that
making Proposition 8 discussions between top campaign officials
public would violate the group's free speech rights and subject
supporters to harassment. ProtectMarriage.com has appealed Walker's
ruling.
In August, Walker scheduled a January
11, 2010 trial date, but the group's appeal might delay the trial's
start.