Prop. 8 Backers Can't Catch Legal Break - NBC 7 San Diego

Prop. 8 Backers Can't Catch Legal Break



    Prop. 8 Backers Can't Catch Legal Break
    Los Angeles Times
    SANFRANCISCO,CA: Supporters of Proposition 8 face, including Doug Williams (left) face off with opponents of the measure prior to the California Supreme Court hearing on same-sex marriages, in San Francisco, California March 5, 2009. Proposition 8, passed by California voters in November, amends the state constitution to provide that only marriage between a man and (Barbara Davidson / Los Angeles Times)

    It looks like the backers of Proposition 8 just can't catch a legal break. 

    Late Friday a judge rule that the sponsors of California's ban on same-sex marriage can't delay handing over campaign strategy documents to their opponents.   They wanted to wait until the almost certain appeal process, but the judge said do it now.

    The gay-rights groups admit they are on a hunt for evidence of any anti-gay bias.

    The San Francisco Chronicle reported U.S. District Chief Judge Vaughn Walker of San Francisco said Prop. 8 backers failed to show that disclosing internal memos and e-mails would violate their freedom of speech or subject them to harassment.

    "It simply does not appear likely that (Prop. 8's) proponents will prevail on the merits of their appeal," Walker said in court.

    Proposition 8 was approved by California voters a year ago.  It amends the state constitution to define marriage as a union of a man and a woman.

    The trial is expected to be the first step in a legal process that will likely land the case in the U.S. Supreme Court.

    A lesbian couple in Berkeley and a gay couple from Burbank filed the suit to overturn Prop. 8, claiming that the ban violates their federal constitution rights. 

    Judge Walker had the option of throwing the case out altogether last month, but refused.

    He has set the trial date of January 11, 2009.