Prop. 8 trial scheduled for Jan. 11

Chief Judge Vaughn R. Walker set a trial date of January 11, 2010 for the federal challenge of California's Proposition 8, a measure that bans same-sex marriage in the state, on August 19.

"Given that serious questions are raised in these proceedings...the court is inclined to proceed directly and expeditiously to the merits of the plaintiffs' claims," Judge Walker said in an order issued on July 2, prior to the case's first hearing. "The just, speedy, and inexpensive determination of these issues would appear to call for proceeding promptly to trial."

The challenge is being led by the American Foundation for Equal Rights and by attorneys Theodore Olson and David Boies, who represent same-sex couples Kris Perry and Sandy Stier and Paul Katami and Jeff Zarrillo, who were denied marriage licenses under Proposition 8.

"Proposition 8 compels our government to treat people differently under the law simply because of who they are," American Foundation for Equal Rights Board President Chad Griffin said in a statement August 19. "That injustice cannot be corrected fast enough."

Supporters of Proposition 8 have argued that a trial is unnecessary and that the measure should stand. Proposition 8 was approved November 4, 2008 by 52 percent of voters and overturned a May 2008 Supreme Court ruling that legalized marriage for same-sex couples in the Golden State.

Judge Walker rejected requests of LGBT legal organizations to join in the suit, saying that adding parties would only slow the process down, the San Francisco Chronicle reported August 20. Walker did allow the city of San Francisco to participate, however, claiming that the city brings a unique perspective to the case. San Francisco had challenged Proposition 8 in the state court, alleging that disallowing same-sex marriage will accrue higher government costs in health care and social services.

The Chronicle reported August 11 that San Francisco Mayor Gavin Newsom believes a trial in 2010 will be unsuccessful at overturning Proposition 8. In order for the challenge to be successful, "we need to have consensus and...a strong foundation of support," he told reporters before a town hall meeting in Santa Ana. "And without that, it's probably not the right time."

The federal challenge against Proposition 8 includes allegations that the measure violates the Due Process Clause, the Equal Protection Clause of the Fourteenth Amendment, and discriminates on the bases of gender and sexual orientation. "This unequal treatment of gays and lesbians denies them the basic liberties and equal protection under the law," the suit reads.

Judge Walker has scheduled a pre-trial hearing for October 14 to decide legal disputes, including issues of discrimination, the Chronicle reported.

"We and our relationships should be treated equally under the law," the couples represented by Olson and Boies said in a joint statement. "Our goal is to advance the cause of equality for all Americans, which is the promise that makes this nation so great."