June 2010 Cover
Magazine Features in this issue:
The trial in the federal lawsuit against Proposition 8 is likely to
finally wrap up in US District Court in San Francisco on June 16, when
Judge Vaughn Walker has tentatively scheduled closing arguments.
The trial has been paused since testimony concluded on January
27 because Walker said he wanted to study the record before hearing the
attorneys' final statements.
The hiatus dragged on longer than expected because of skirmishes
between the anti-same-sex-marriage side and the gay groups that ran the
campaign against Prop 8, who are not parties to the case.
The same-sex-marriage opponents demanded that Equality
California (EQCA) and the American Civil Liberties Union (ACLU) produce
various documents and emails from the campaign period. EQCA and the
ACLU fought the demand at length before relenting on April 27.
Lawyers for the two groups said they turned over 4,500 documents
and "thousands of emails" that seemed to fall within the purview of an
order Walker had issued.
The opponents also are attempting to strike from the trial
record some of the testimony of one of their defendant-intervenors,
Hak-Shing William Tam.
Appearing on the witness stand Jan 21, Tam said: "I believe that
if the term "marriage" can be used beyond one man and one woman, then
any two persons of any age or of any relationship can use the same
argument and come and ask for the term "marriage." That would lead to
incest. That would lead to polygamy."
The gay side is represented by famous lawyers Ted Olson and
David Boies, who attempted to prove that Prop 8 violates the US
Constitution's guarantees of due process and equal protection under the
Passed by voters in November 2008, Prop 8 amended the California
Constitution to re-ban same-sex marriage just a few months after the
state Supreme Court legalized it.
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