Closing arguments due in freedom to marry case
June 12, 2010
Posted by Geoffrey A. Fowler on wsj.com:
"The federal trial over California's marriage equality ban will hold closing arguments Wednesday, but the legal battle is expected to march on—perhaps to the Supreme Court—while political jockeying on the issue keeps rippling through November's elections.
"At stake is not only the legality of Proposition 8, the 2008 California ballot initiative that established the ban, but potentially the broader rights of gays and lesbians under the equal-protection clause of the U.S. Constitution.
"Lawyers began laying out their cases in January, but the bench trial took a four-month hiatus while U.S. District Judge Vaughn Walker reviewed evidence. On Wednesday, lawyers will summarize their arguments and answer 29 pointed questions the judge sent them earlier in the week.
"Should he decide to overturn Prop 8, Judge Walker could allow gay couples to begin marrying immediately or wait until appellate court has reviewed the case. Defenders of the ban could also request that an appellate court stay any ruling.
"The case is widely expected to be appealed to the Ninth U.S. Circuit Court of Appeals and possibly the Supreme Court. How any ruling is framed could affect whether and how the Supreme Court reviews it: Judge Walker could tailor his decision to California law, or take a broader tack that addresses federal law vis-a-vis the freedom to marry.
"'The conventional wisdom is that it is easier to win a case the narrower the judgment,' said attorney Ted Olson, who with David Boies is representing plaintiffs challenging Prop 8. Nonetheless, Mr. Olson said he hoped the judge would rule more broadly against 'taking away rights that the Supreme Court has said are essential to living in our society.'
"In the backdrop are two federal cases from Massachusetts awaiting rulings on the constitutionality the Defense of Marriage Act, the 1996 federal law that defines marriage as between a man and a woman and prohibits same-sex couples from receiving federal spousal benefits. Marriage equality is legal in Massachusetts, as well as four other states and the District of Columbia.
"'These other cases in Massachusetts could give the Supreme Court an opportunity to rule on the federal recognition of marriage, without ruling on the federal guarantee of marriage' at stake in the Prop 8 trial, said Sean Eldridge, director of communications at gay-rights group Freedom to Marry. He added that the high court could choose to take on all three at the same time, or none of them."
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