Proponents of Prop 8 are trying to short-circuit the Olson-Boies federal challenge:
On Wednesday, Chief U.S. District Judge Vaughn Walker will consider a motion from Proposition 8 backers that would scrap plans for a January trial and put a quick end to the effort to overturn the anti-gay marriage law. Proposition 8’s defenders say U.S. Supreme Court precedent and the historical underpinnings of the definition of marriage negate the need for a trial, an argument strongly rejected by same-sex marriage advocates who vow to present strong factual evidence that Proposition 8 denies gay couples federal equal protection rights.
Prop 8 defenders are relying on two central arguments to get the challenge tossed out of court: 1) the claim that the lawsuit fails to prove a violation of any constitutional rights and 2) precedent involving the Minnesota Supreme Court ruling that rejected a legal challenge to a Minnesota law limiting marriage to a union between a man and a woman.
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