Will Proposition 8 be Overturned?

By Susan Brinkmann, OCDS
Staff Journalist

After closing arguments in a landmark lawsuit challenging Proposition 8, the ballot initiative that led to a constitutional amendment banning same-sex “marriage” in California, pro-family leaders expect the judge to rule against traditional marriage in the case.

LifeSiteNews.com is reporting that Maggie Gallagher, President of the National Organization for Marriage, said she believes Chief U.S. District Judge Vaughn Walker came into the courtroom strongly inclined to rule against Proposition 8.

“His interjections indicate pretty strongly that that’s what he’s going to do. I expect he will overturn Prop 8 – I don’t think it’s because of arguments that were made in the courtroom that day.”

Gallagher said that Judge Walker “seemed extremely open to one side of the arguments and he seemed to have difficulty understanding the other side’s arguments.”

The case, which is being brought on behalf of two same-sex couples, is fully intended to make its way to the Supreme Court where many believe the issue of same-sex “marriage” will ultimately be decided.

Attorneys Ted Olson and David Boies, are arguing that Proposition 8, as upheld by the California Supreme Court, denies federal constitutional rights under the equal protection and due process clauses of the constitution.

Prop 8 attorney Chuck Cooper is arguing that several court rulings in other states have recognized that instituting same-sex “marriage” essentially changes the definition of marriage as understood in common law, and that California has always understood marriage to be between a man and a woman. He also argued that marriage was a public institution of key importance to the stability of a society, rather than a matter of private choice.

Wednesday’s closing arguments also touched upon the matter of the approximately 18,000 marriage contracts handed out to homosexual couples during a few months in 2008 when same-sex marriage was legal and how the Court’s decision might impact the disposition of these “marriages.”

A ruling on the case is expected somtime this summer.

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