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Federal judge moves to fast track legal fight over Proposition 8
San Jose Mercury News ^ | 7/2/9 | Howard Mintz

Posted on 07/02/2009 1:00:17 PM PDT by SmithL

SAN FRANCISCO — A federal judge today refused to temporarily block Proposition 8, moving forward with his plan to put the latest legal challenge over California's gay marriage ban on a fast track to a trial that is likely to produce the most thorough review to date of whether same sex couples have a constitutional right to marry.

With all sides in the legal fight poised for a fight all the way to the U.S. Supreme Court, Chief U.S. District Judge Vaughn Walker agreed with Attorney General Jerry Brown and Gov. Arnold Schwarzenegger, concluding that it would cause too much confusion across California if he chose to suspend Prop 8 while the challenge to the voter-approved gay marriage ban unfolds in the courts. Brown has nevertheless sided with gay marriage advocates on the overall lawsuit, agreeing that Prop 8 violates the federal equal protection rights of gay and lesbian couples by denying them the ability to marry.

Walker told a packed courtroom that his job is establish a full record on the legal tangle over gay marriage because he will not be the final word in a case that many legal experts believe will force the U.S. Supreme Court to address the controversial issue.

"What happens here is only a prelude to what is going to happen later,'' Walker said.

Backed by a high-powered legal group headed by former Republican U.S. Solicitor General Theodore Olson, two gay couples sued in May to overturn Prop 8, shifting the legal fight Advertisement over gay marriage in California to the federal courts. The California Supreme Court in May upheld Prop 8, concluding that it did not have the legal authority to overturn the voter-backed amendment to the California constitution.

(Excerpt) Read more at mercurynews.com ...


TOPICS: Extended News; Government; Politics/Elections; US: California
KEYWORDS:

1 posted on 07/02/2009 1:00:17 PM PDT by SmithL
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Walker, Vaughn R.
Born 1944 in Watseka, IL

Federal Judicial Service:
Judge, U. S. District Court, Northern District of California
Nominated by George H.W. Bush on September 7, 1989, to a seat vacated by Spencer M. Williams; Confirmed by the Senate on November 21, 1989, and received commission on November 27, 1989. Served as chief judge, 2004-present.

Education:
University of Michigan, A.B., 1966

Stanford Law School, J.D., 1970

Professional Career:
Law clerk, Hon. Robert J. Kelleher, U.S. District Court, Central District of California, 1971-1972
Private practice, San Francisco, California, 1972-1990

Race or Ethnicity: White

Gender: Male

2 posted on 07/02/2009 1:01:41 PM PDT by SmithL (The Golden State demands all of your gold)
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To: SmithL

Looks like the rule of law continues to break down out west.


3 posted on 07/02/2009 1:02:20 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: SmithL
When did Federal courts get purview over how a sovereign state amends its Constitution?
4 posted on 07/02/2009 1:02:27 PM PDT by massgopguy (I owe everything to George Bailey)
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To: SmithL

I’m surprised that the pro-polygamy crowd has been quiet. If same sex marriage becomes law, then everyone who’s currently denied marriage licenses will get their shot. If same-sex marriage is allowed, then EVERYONE will be allowed to get married. That’s what this is really all about.


5 posted on 07/02/2009 1:05:55 PM PDT by joejm65
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To: massgopguy
When did Federal courts get purview over how a sovereign state amends its Constitution?

If California amended it's constitution to allow slavery, would you be asking the same question?

6 posted on 07/02/2009 1:06:04 PM PDT by NurdlyPeon (Sarah Palin: Americas last, best hope for survival.)
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To: SmithL
So what they're doing is trying to mandate homosexual “marriage” throughout the country.Let's hope this case reaches the SCOTUS before Hussein has a chance to replace any more members because it's gotta be obvious that as of today the vote is 5-4 against this “right”.
7 posted on 07/02/2009 1:07:07 PM PDT by Gay State Conservative (Christian+Veteran=Terrorist)
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To: SmithL
Backed by a high-powered legal group headed by former Republican U.S. Solicitor General Theodore Olson, two gay couples sued in May to overturn Prop 8

Huh? Ted Olson? Really?

Why?

8 posted on 07/02/2009 1:13:32 PM PDT by SamuraiScot
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To: massgopguy
When did Federal courts get purview over how a sovereign state amends its Constitution?

When the suit was filed in a federal appeals court.

9 posted on 07/02/2009 1:14:19 PM PDT by BoneHead
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To: NurdlyPeon

Yes, but the issue of slavery is addressed by the US Constitution as amended. The issue of of marriage is not addressed by the US Constitution.


10 posted on 07/02/2009 1:16:19 PM PDT by Binghamton_native
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To: SmithL

A generation or two ago no one in their right mind would ever have believed we would see such outright lunacy permeating our government from top to bottom.

We see it at all levels; local, state, and federal.

The country cannot survive the onslaught.


11 posted on 07/02/2009 1:19:13 PM PDT by Iron Munro (Obama as President is like hiring a mechanic who never saw a car before.)
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To: massgopguy
When did Federal courts get purview over how a sovereign state amends its Constitution?

1865 -

12 posted on 07/02/2009 1:23:29 PM PDT by don-o (My son, Ben - Marine PFC- 1/16/09 - Parris Island - LC -6/4/09 - 29 Palms - Camp Pendleton 6/18)
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To: SamuraiScot
Huh? Ted Olson? Really? Why?

"You knew I was a snake when you decided to trust me."


13 posted on 07/02/2009 1:24:56 PM PDT by Iron Munro (Obama as President is like hiring a mechanic who never saw a car before.)
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To: SmithL
I don't think my Constitution enumerates a Federal power to enforce or adjudicate social contracts among individuals within the States.
14 posted on 07/02/2009 2:32:32 PM PDT by Carry_Okie (Indolence is the enemy of a republic.)
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To: SmithL

Can we please start thinking about founding another nation somewhere?


15 posted on 07/02/2009 3:57:41 PM PDT by Clock King
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