Judge Vaugn Walker to hold hearing on October 14th over motion for summary judgment in Perry v. Schwarzenneger

10/11/09 Contra Times:

On October 14th, Judge Vaugn Walker will hear arguments over a motion by official Prop. 8 proponents for summary judgment in the Perry case. Constitutional scholar Vikram Amar said that Walker will have to determine whether Baker v. Nelson 409 U.S. 810 (1972) "ties his hands" -a key issue that California attorney Rick Xaio discussed at this site. The Baker Court let stand, without comment, the Minnesota Supreme Court's ruling that the state's marriage law does not violate the 14th Amendment by excluding same-sex couples. Law professor Marc Spindelman said the Baker ruling represents

a tough question. Unquestionably the Supreme Court has moved on the question of lesbian and gay rights since the time Baker was decided.