Community | June 17, 2010 | 3 comments

Outlook: Gay marriage fate rests in courts of law

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CarolineS
Today in San Francisco, lawyers are presenting their closing arguments in the trial over Proposition 8, California's 2008 voter-approved ban on gay marriage. Back in January, U.S. District Judge Vaughn Walker heard from both sides in a unique proceeding intended to make factual findings on the purpose and history of marriage and how allowing gays and lesbians to marry would affect society. Befitting a trial on one of the most contentious issues of our time, the affair featured high-powered lawyers, emotional testimony both for and against gay marriage, arguments over evidence and over cameras in the courtroom, and extremely high stakes: Regardless of this week's outcome, the case is likely to be appealed all the way to the Supreme Court.

The Prop. 8 trial has been unique in its execution and scope; the judge is truly looking for a factual record on marriage. Theodore Olson and David Boies — the lawyers who opposed each other before the Supreme Court in 2000 in Bush v. Gore — teamed up to argue on behalf of four homosexual plaintiffs that Prop. 8 violates the rights of gays and lesbians under what's called the equal protection clause of the U.S. Constitution. The defendants argued that the traditional definition of marriage should be maintained and that it's in society's best interest for children to be raised in heterosexual households.

http://news.yahoo.com/s/ynews/ynews_ts2627
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