This morning in San Francisco, the second hearing in the Olson-Boies federal challenge to Prop 8 was held. The hearing accomplished (at least) two things:
1) U.S. District Judge Vaughn Walker, while granting the City of San Francisco’s request to intervene in the case, denied the same request from the ACLU, Lambda Legal and NCLR. Recall that these groups, after initially condemning the federal challenge, quickly changed course to support the effort.
Ted Olson, David Boies, and San Francisco City Attorney David Herrera will now control this Prop 8 challenge.
The LGBT organizations, now limited to mostly sideline status, issued this statement regarding the denial:
On behalf of our clients, we are disappointed that the court did not permit organizations that represent California’s diverse lesbian, gay, bisexual, and transgender (LGBT) community to participate in the case as the Court weighs the harms inflicted by Proposition 8. The significance of this case for our entire community is enormous. To exclude the people whose very freedom is at stake is troubling. Our commitment to restoring marriage for all Californians is unwavering, and we will continue to do everything within our power to secure full equality and justice for LGBT people.
2) Judge Walker set the trial date for the case: January 11, 2010.
(very big h/t to Law Dork)







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