Prop 8 opponents tell judge they'll prove measure is indefensible

Two couples who challenged California's ban on same-sex marriage have told a federal judge in San Francisco that they plan to prove at a January trial that the measure is “irrational, indefensible and unconstitutional.”

U.S. District Judge Vaughn Walker is scheduled to hold a nonjury trial beginning Jan. 11 on the lawsuit, filed by a lesbian couple from Berkeley and a gay couple from Burbank to challenge the ban enacted by state voters last year.

In a trial brief filed late Monday, the couples' lawyers said they hope to prove that Proposition 8 supporters “fail to demonstrate even a single legitimate interest that it even rationally serves.”

Proposition 8 supporters in an opposing trial brief claimed there are numerous reasons for a traditional definition of marriage.

One of the reasons, their lawyers wrote, is “promoting and regulating naturally procreative relationships between men and women to provide for the nurture and upbringing of the next generation.”

The Proposition 8 supporters also denied opponents' claim that the ballot measure was motivated by bias against gays and lesbians.

Both sides also filed witness lists late Monday and said they plan to call a number of professors to the stand to prove their points.

Both said they will question the two couples who filed the lawsuit, Kristin Perry and Sandra Stier, of Berkeley, and Paul Katami and Jeffrey Zarillo, of Burbank.

The two couples said they also plan to call the five official proponents of Proposition 8 to the stand to testify about strategy of the
successful campaign for passage of the measure.

Walker is scheduled to conduct a pretrial conference on the case on Dec. 16.

Bay Area NewsLocal

If you find our journalism valuable and relevant, please consider joining our Examiner membership program.
Find out more at www.sfexaminer.com/join/

Just Posted

Mayor London Breed, pictured here at a May news conference, will be fined for unethical behavior by The City’s Ethics Commission. (Kevin N. Hume/S.F. Examiner)
Commission fines Mayor Breed over $22,000 for ethics violations

The San Francisco Ethics Commission will fine Mayor London Breed a reported… Continue reading

Salesforce Tower in San Francisco, which features a comprehensive water-recycling system, on July 30, 2021. Water recycling in office buildings is seen as a promising sustainability effort, as well as a smart hedge against rising costs and future shortages. (Jim Wilson/The New York Times)
Salesforce Tower is part of a nationwide water recycling trend: Here’s how it works

By Patrick Sisson New York Times When Salesforce Tower in San Francisco… Continue reading

Riders enjoyed a trip on a Powell Street cable car when service returned on Monday. <ins>(Kevin N. Hume/The Examiner)</ins>
<ins></ins>
San Francisco’s cable cars return after 16-month absence

San Francisco’s cable cars are back, and they’re free for passengers to… Continue reading

Most Read