Chief U.S. District Judge Vaughn Walker, who has previously fast-tracked the Olson-Boies federal challenge to Prop 8, rejected Protect Marriage’s claim that a trial was unnecessary and redundant:
Chief U.S. District Judge Vaughn Walker has said repeatedly that a trial is needed to resolve disputes that may determine the measure’s constitutionality, so Wednesday’s ruling did not surprise either side.
But the breadth of his decision was a boost for gay rights advocates, who argue that Prop. 8 unconstitutionally discriminates against gays, is rooted in anti-homosexual bias and violates the right to marry the partner of one’s choice.
Walker said federal courts haven’t resolved the standard for judging laws that treat heterosexuals and homosexuals differently. The answer, he said, could be determined by testimony on such topics as how much political power gays and lesbians hold and to what degree they are discriminated against.[SF Gate]
The Olson-Boies trial is set for January 11,, 2010, but could be delayed by Protect Marriage’s challenge to Walker’s order to disclose disclose internal campaign strategy documents, which reveal plans to appeal to voter prejudice against gays.
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