Prop 8 trial begins, can go to US Supreme Court

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Christine

12 January, 2010

The Prop 8 trial began in Federal Court today, with gay activists aiming to overturn the Prop 8 which bans same sex marriage. The case may end up in the US Supreme Court with both proponents and opponents of gay marriage holding strong views.

AFTER THE Prop 8 or proposition 8 which banned same sex marriage in California was approved in 2008, a Federal court case began in California overnight on the same issue, with attorneys arguing how outlawing weddings between gays and lesbians violates the US constitution.

The Proposition 8 was a victory for conservative elements who were against legalisation of gay marriage by the state of California as it was approved by a public vote. When gay rights actvists had taken it to the top California state court, the case was shot down. It is believed that the verdict in this current case could lead to either of the two parties knocking on the doors of the US Supreme Court, after which the decision would be final, with no chance of appeal.

The Federal Court case has no jury and was supposed to be streamed live on YouTube by the US Supreme Court banned this move.

Supporters of Prop 8 had even thought that the federal court case shouldn't have taken place to begin with and are criticising Judge Vaughn Walker for hearing it.

Brian Brown, director of National Organisation of marriage said,"This lawsuit is an attempt by Judge Walker to put the voters of California on trial, and it's wrong. Walker has not dealt with this properly. He doesn't care about the law." His organisation opposes same sex marriage or gay marriage.

On the other hand, supporters of gay marriage are all for it, believing it would be an opportunity to enlighten the public. Jennifer Pizer, Director of Lambda Legal national marriage project said, "Discrimination hurts us and doesn't help anyone. The trial will offer a chance for the public to listen to the expert witnesses on both sides and hear the cross examinations of those witnesses."

Today's hearing in San Francisco began with around 100 supporters and opponents of same sex marriage protesting outside the court house. The case itself faces a charged environment with a few setbacks for those supporting gay marriage. On Thursday, a bill on gay marriage authorisation was rejected in New Jersey while New York State saw the same happen a few weeks ago.