Monday, June 29, 2009

San Francisco federal judge to hear latest legal challenge to Proposition 8 (Perry v. Schwarzenneger)

06/29/09 San Jose Mercury News (Source:

Chief U.S. District Judge Vaughn Walker on Thursday [July 2nd] will consider arguments on whether to block Proposition 8, which amended the California constitution last November and barred gay and lesbian couples from being legally married in the state ...

With tough legal hurdles to persuade federal judges to block state laws at such an early stage, legal experts say the odds are against Walker granting the injunction request. But experts say it is more of a tossup to predict whether Olson and Boies succeed in their ultimate goal, which is prevailing in the U.S. Supreme Court.

"Both outcomes are available,'' said Marc Spindelman, an Ohio State University law professor following the issue closely. "But it's not inconceivable the courts may think it's too soon for the federal courts to weigh in and settle the matter one way or the other.''

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