Gays Score One, Next Game, Trial Court

Today, a federal court judge refused to block the legal challenge against Proposition 8 that was brought by two same-sex couples represented by Daivd Boies and Ted Olson. Supporters of Prop. 8 could not convince Judge Vaughn Walker to dismiss the challenge. The case will now go to trial in January.

The Christian Science Monitor is reporting:

Chief Judge Vaughn Walker ruled against the defendants in the case who argued that the Proposition 8 suit should be summarily dismissed. They attempted to sway the court on the grounds that the U.S. Supreme Court has already set the legal precedent in the matter because it opted not to abolish a Minnesota law in 1972 that restricts marriage to heterosexual couples.

Judge Walker maintained that Prop. 8 raises enough legal questions to warrant a trial.

This new lawsuit brought by two same-sex couples represented by David Boies and Theodore Olson, lawyers who gained national prominence for arguing against each other in the Bush v. Gore 2000 election case, insists that Prop. 8 violates the couples’ “liberties and equal protection under the law that are guaranteed by the Fourteenth Amendment of the Unites States Constitution.”