Federal Judge to Rule This Afternoon on Whether Gays and Lesbians Have a Constitutional Right to Marry in California | Prop. 8

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California Prop. 8 | Federal Judge Rules Prop. 8 Unconstitutional!!!

http://www.advocate.com/News/Daily_News/2010/08/03/Prop_8_Ruling_Coming_Wednesda...

Posted on Advocate.com August 03, 2010
Story Updated : August 03, 2010 07:45:00 PM

Prop. 8 Ruling Today

By Advocate.com Editors
PROP 8 TRIAL SF COURTHOUSE X390 (GETTY) | ADVOCATE.COM

U.S. district chief judge Vaughn Walker will issue a written decision on the federal challenge to California's Proposition 8 on Wednesday.

High-profile attorneys Ted Olson and David Boies argued for the repeal of Proposition 8, representing two same-sex California couples in Perry v. Schwarzenegger. The ballot initiative, passed with 52% of the vote, overturned a California supreme court ruling that legalized same-sex marriage from June to November 2008.

Erwin Chemerinsky, a professor at the University of California, Irvine, School of Law, believes Walker will strike down Prop. 8 on grounds that it violates equal protection principles of the U.S. Constitution. Even if Chemerinsky is wrong, the case will likely head to the ninth circuit court of appeals, but that will "surely take more than a year," he says.

UPDATE: According to the court, a decision in Perry will be filed between 1 p.m. and 3 p.m. Pacific time on Wednesday. The decision will be available soon after on the court's website, available here.

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http://www.cnn.com/2010/US/08/04/california.same.sex.ruling/index.html?hpt=T2

California gears up for ruling on same-sex marriage
By the CNN Wire Staff
August 4, 2010 3:21 a.m. EDT

(CNN) -- A federal judge in California is expected to issue his ruling Wednesday on whether the state's voter-approved ban on same-sex marriage is unconstitutional.

The closely watched case, to be decided by Chief U.S. District Judge Vaughn Walker, comes some two years after Californians voted to pass Proposition 8, which defined marriage as a union between a man and a woman.

Wednesday's ruling, expected in the early afternoon, will decide whether that ban violates the U.S. Constitution by creating separate classes of people with different laws for each.

Though stakes in the case are high, neither opponents nor supporters of same-sex marriage say Walker's ruling will likely be the last. Both sides say the decision will be appealed and eventually wind up in the U.S. Supreme Court.

"We have little doubt that this trial judge is going to knock down Prop. 8. I hope I'm proven wrong tomorrow," said Maggie Gallagher, chairman of the National Organization for Marriage. "This has been a judge that looks pretty eager to make a historic decision."

She added Walker's ruling will likely have national implications as he is a federal judge.

Rick Jacobs, founder of the Campaign Courage, which supports same-sex marriage, said he was hopeful about Wednesday's decision because of what happened during the trial.

"I can only say that based on the evidence in the trial, it is absolutely clear that allowing gays and lesbians to marry will strengthen families and the nation," he said. "No matter how the judge rules tomorrow, we've already won a significant victory because the other side admitted they have no argument."

Jacobs said if the case is appealed, it would go next to the 9th U.S. Circuit Court of Appeals before possibly heading to the U.S. Supreme Court. It is expected to set legal precedent that would result in a landmark decision that could settle whether people in the United States can marry people of the same sex.

Kristin Perry and Sandy Stier, along with Jeffrey Zarrillo and Paul Katami, are the two couples at the heart of the case. They had asked Walker to issue an injunction against Proposition 8's enforcement.

Proposition 8 is part of a long line of seesaw rulings, court cases, debates and protests in California over the contentious issue of same-sex marriage. It passed with some 52 percent of the vote in November 2008.

"Whatever happens tomorrow is the beginning -- not the end," said Jacobs.