Prop. 8 judge wants a discussion of ‘choice’ in sexual orientation

June 15, 2010

Posted by Maura Dolan on latimes.com:

"A federal judge who will decide the constitutionality of California's ban on the freedom to marry wants lawyers during closing arguments Wednesday to discuss the meaning of 'choice' in sexual orientation and a possible finding that Proposition 8 attempted to 'enforce private morality.'

"Chief U.S. District Judge Vaughn R. Walker, who has been presiding over the federal marriage trial in San Francisco, sent lawyers a list of 39 questions he wants addressed when the trial ends Wednesday after four hours of closing arguments.

"Walker's questions reveal some of the issues still troubling him and suggest that his decision will rely heavily on evidence about the nature of sexual orientation, the effect of Proposition 8, and the similarities and differences between heterosexual and same-sex couples. He asked each side 12 questions and posed an additional 15 to both.

... "Walker has rejected a request by the media to broadcast closing arguments. They will be heard in his courtroom and televised into an overflow room in the Civic Center courthouse. His decision on cameras late last month followed a U.S. Supreme Court ruling in January that stopped him from broadcasting the trial on the Internet.

"A ruling in the lawsuit brought by two couples who want to marry is expected this summer. The decision will probably be appealed to the U.S. 9th Circuit Court of Appeals and then to the U.S. Supreme Court."

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