Judge May Dismiss Challenge to Prop 8
Many believe Prop 8 will head to the U.S. Supreme Court.
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Proposition 8 supporters are hoping a federal judge will throw out the latest challenge to the controversial measure that denies marriage to same-sex couples.
U.S. District Court Judge Vaughn R. Walker will hear arguments in San Francisco whether the case should go to trial or be tossed out on legal grounds. Walker his indicated in the past he believes a trial would help develop a factual record for higher courts, according to the LA Times.
Prop 8 supporters say the law is clear. They argue marriage between a man and a woman is already clearly defined. They also cite a 1972 Minnesota case where the state Supreme Court rejected lawyers' arguments that same sex couples had the right to marry under the state's equal protection law. The U.S. Supreme Court refused to hear an appeal of the case, letting it stand.
Prop 8 opponents say their case to allow same-sex marriage should move forward. They argue that the Supreme Courts refusal to hear the case is not a precedent lower courts have to follow.
UC Irvine Law School dean Erwin Chemerinsky, an expert on the federal constitution, told the Times that the high court's denial of review was not a binding decision for lower courts.
"A denial of review has no precedential impact," Chemerinsky he told the Times.
It is widely expected that the Prop 8 case will head to the U.S. Supreme Court.
