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Judge refuses to dismiss challenge to Prop. 8

A federal judge refused today to dismiss a constitutional challenge to Proposition 8, ruling the voter-approved ban on same-sex marriage raised legal and factual issues that required a trial.

U.S. District Judge Vaughn R. Walker, ruling after nearly two hours of arguments in San Francisco, rejected contentions by Proposition 8's proponents that precedent and tradition clearly showed last November's ballot measure permissible under the U.S. Constitution.

Walker previously ordered the Proposition 8 campaign to disclose its internal memorandums and communications to gay rights lawyers. The campaign is appealing that order to the U.S. 9th Circuit Court of Appeals on 1st Amendment grounds.

-- Maura Dolan in San Francisco

Related: Use The Times' interactive map to see the evolution of rights for same-sex couples in the U.S. since 2000.

Click on map to view The Times' interactive timeline

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Comments () | Archives (29)

If a judge believes in equal rights for all which goes agaisnt the majority of people he is morally superior to them.

This case must go to trial and have this settled once and for all. 52% of "registered voters" cannot be allowed to legislate discrimination against a group of people. This is greater than California, this has to do with the equal rights guaranteed in the U.S. Constitution. Have we learned nothing from the wrongs of segregation and the ban on interracial marriage? This is about the Catholic and Mormom churches attempting to force everyone to live according to their religious dogma. And both churches need to address the dire moral issues within their own churches and leave everyone else the heck alone!!

Glad to see Brandon has stirred up such a hornet's nest of disingenuous antagonism...if Proposition 8 had been SUPPORTING gay marriage and a judge sought to undermine their version of "the will of the people" in a similar manner, all these gay rights advocates would be screaming bloody murder and calling for this "corrupt judge" to step down immediately!! You can couch your argument in all sorts of "legalese" lingo, but the bottom line is that you folks cannot accept the FACT that your side didn't win in a legitimate popular election...

Verballistic, yeah and if the bigots didn't win they would be doing the same thing... They would be there preaching, and screaming, and whining. Don't be a hypocrite.
The difference is the gay community just want what is their given right as American citizens. The bigots want to tell people how to live. No one is taking their rights away. How about we make divorce illegal, or send the people that voted yes on 8 to jail for adultery or lying, or judging. Isn't that against their doctrine??? Try living like the bible says.. its impossible! carry stones in your pocket to throw at sinners, don't sit in seats where women have sat that are menstruating!
But like someone said, if you don't like being in a democratic nation (which is what the US is famous for) then go live in a fascist, or communist land. The constitution is supposed to protect the minority from bigots. Not punish them.

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