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Gay marriage court battles heat up this week

October 12, 2009 |  7:57 am

Nearly a year after California voters approved Proposition 8, the court battles over the ban on gay marriage fight are intensifying this week.

Foes of Proposition 8, which outlawed same-sex marriage, are demanding access to internal campaign records and correspondence between the Yes on 8 campaign's leaders and their political consultants. A federal judge last week agreed some of those records should be released.

Supporters of the proposition say they will appeal the order, arguing it amounts to a violation of free speech rights.

Meanwhile, the two sides will be in court this week over a larger challenge to the legality of Proposition 8. On Wednesday, proposition supporters will ask a federal judge to throw out the challenge and essentially cancel an expected January trial date over the legality of the same-sex marriage ban.

Legal experts told the San Jose Mercury News that Proposition 8 backers have an uphill battle in having the case thrown out so early.

Voters approved the measure last November after an expensive and bitter campaign. Supporters of same-sex marriage plan to ask voters to reconsider the issue as early as next year.

-- Shelby Grad

Click to go to The Times' interactive timeline Use The Times' interactive timeline to track the evolution of rights for same sex couples in the U.S. since 2000.





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