InfoAnda - Closing Arguments In Proposition 8 Trial Begin Wednesday

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Home U.S. World Entertainment Sports Business Health Science Technology Politics Offbeat Environment Travel News Articles Closing Arguments In Proposition 8 Trial Begin Wednesday Email Facebook Digg Twitter Buzz Up! ShareThis June 16, 2010 8:22 a.m. EST Topics: minority group, gays and lesbians, politics, social issue, justice and rights, constitution, crime, law and justice, United States Kris Alingod - AHN News Contributor San Francisco, CA, United States (AHN) - Closing arguments in a landmark trial challenging the constitutionality of California's ban on same-sex marriages will begin Wednesday. Whatever the outcome of what critics say is a "show trial," the fight between gay advocates and conservatives is expected to continue with an appeal. Judge Vaughn Walker of the District Court for the Northern District of California has issued questions that plaintiffs and proponents of Proposition 8 have to discuss during closing arguments. Walker has asked plaintiffs to present empirical data to support the premise that "legal recognition of same-sex marriage reduces discrimination against gays and lesbians." He has also asked conservatives to show "evidence in the record support[ing] a finding that same-sex marriage has or could have negative social consequences." ProtectMarriage.com has warned against children "being taught in public schools that 'same-sex marriage' is the same as traditional marriage" and "Californians... be[ing] forced to not just be tolerant of gay lifestyles, but face mandatory compliance regardless of their personal beliefs." Opponents of the ban such as the American Foundation for Equal Rights say Proposition 8 "singles out gays and lesbians for a disfavored legal status, thereby creating a category of 'second-class citizens.' " "More than 30 years ago, in its landmark decision to strike down bans on interracial marriage, the Supreme Court of the United States recognized that marriage is one of the basic civil rights of man," the civil rights group says in its website. The case, Perry v. Schwarzenegger, is historic because it seeks to determine whether the ban was "passed with discriminatory intent." The trial began in January, seven months after two same-sex couples filed a lawsuit arguing that Proposition 8 violates the Equal Protection Guarantee of the 14th Amendment to the U.S. Constitution. The American Foundation for Equal Rights had presented video of the deposition of William Tam, a leading proponent of Proposition 8, during the January trial. The group argues that the video and other records such as e-mail messages are evidence of "discriminatory motivations" of proponents. In the footage, Tam is asked, "It is your understanding that part of the gay agenda is legalizing underage sex?” to which he answers, "Right." Tam also wrote in an e-mail that was part of the deposition, “They lose no time in pushing the gay agenda — after legalizing same-sex marriage, they want to legalize prostitution... What will be next? On their agenda list is: legalize having sex with children.” Proponents of Proposition 8 have repeatedly cited the 52 percent of California voters who supported the ban in a 2008 referendum and a subsequent decision from the state Supreme Court affirming the validity of the law. "So now here we are at Plan C: A court case that will ultimately have gay marriage advocates asking the Supreme Court to impose gay marriage on all 50 states, whether we like it or not," the National Organization for Marriage wrote on its blog on Tuesday. The two couples behind Perry v. Schwarzenegger are represented by David Boies and former Bush administration Solicitor General Theodore Olson, lawyers who were at opposing sides of the Bush v. Gore case in the 2000 presidential race. The suit is about the constitutionality of a state law, and therefore has as defendants California Gov. Arnold Schwarzenegger and state Attorney General Jerry Brown, both of whom had opposed the ban in a referendum two years ago. Proposition 8 was passed on Nov. 4, 2008, overturning a California Supreme Court ruling the same year that gay couples had a constitutional right to be married, and amid broad opposition from civil rights and gay groups as well as officials such as the governor. Despite its previous decision in favor of gay marriage, the California Supreme Court last year rejected by a 6-1 vote a constitutional challenge to Proposition 8. But the court also unanimously declared the 18,000 gay marriages conducted in 2008 legal, a ruling that conservatives are seeking to overturn in their final filing for closing arguments on Wednesday. A total of five states now allow same-sex marriages: Connecticut, Iowa, Massachusetts, New Hampshire and Vermont. The federal law against such marriages, the Defense of Marriage Act, also faces a constitutional challenge from couples who say the law prohibits gay spouses from receiving Social Security benefits, as well as federal employee and retiree pensions. Plaintiffs in the DOMA case include a retiree of the Social Security Administration, Al Koski, who had asked the federal government to let his spouse and partner of 34 years have access to his pension. The widower of former U.S. Rep. Gerry Studds, the first openly gay member of Congress, is also part of the lawsuit. Copyright © 2003 - 2010 AHN - All rights reserved.Redistribution, republication. syndication, rewriting or broadcast is prohibited without the prior written consent of AHN.License AHN news for your website, business, digital signage network or publication. Most Popular Stories Perez Hilton Receives Backlash Over Posting Of Miley Cyrus' Crotch Photo Charlie Sheen's Car Found Off A Cliff "Criminal Minds" Drops A.J. 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