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January trial set for U.S. court challenge to California's gay-marriage ban - USA - California - Proposition 8 - law - gay - marriage

January trial set for U.S. court challenge to California's gay-marriage ban

A federal judge on Wednesday set a Jan. 11 trial date for the legal challenge to Proposition 8, setting the stage for the most exhaustive legal review of a state's ban on gay marriage in any court in the nation.

Howard Mintz | San Jose Mercury News | Published: 08/20/2009 10:52

During a hearing in San Francisco, Chief U.S. District Judge Vaughn Walker ordered lawyers on both sides of the case to gear up quickly for the trial, which foes of California's same-sex marriage ban hope will be the first step in getting the legal fight oversame-sex marriage to the U.S. Supreme Court.

(...) Wednesday's hearing, Walker refused to allow a coalition of gay rights groups to directly join the lawsuit, concluding that the current plaintiffs can adequately mount a challenge to Proposition 8 on their own.

The plaintiffs had urged Walker to deny the groups' request, still upset that those organizations originally opposed taking the legal fight over gay marriage into the federal courts at this point. The groups include the American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights, which have led the legal fight over gay marriage in state courts around the country but worry about how the conservative U.S. Supreme Court might rule on the issue.

Walker also rejected a bid by the conservative Campaign for California Families to join the case to defend Proposition 8, finding that Proposition 8 supporters can defend the law alone. California Attorney General Jerry Brown, who has argued the law is unconstitutional, is not defending the law, nor is Gov. Arnold Schwarzenegger, who has taken no position.

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