[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/equallywed.com\/closing-arguments-begin-in-californias-prop-8-trial\/#BlogPosting","mainEntityOfPage":"https:\/\/equallywed.com\/closing-arguments-begin-in-californias-prop-8-trial\/","headline":"Closing Arguments Begin in California\u2019s Prop 8 Trial","name":"Closing Arguments Begin in California\u2019s Prop 8 Trial","description":"By Katherine Dean Closing arguments in the Prop 8 trial (Perry v. Schwarzenegger) began this morning in San Francisco and are expected to conclude later...","datePublished":"2010-06-16","dateModified":"2021-06-21","author":{"@type":"Person","@id":"https:\/\/equallywed.com\/author\/admin\/#Person","name":"Equally Wed","url":"https:\/\/equallywed.com\/author\/admin\/","identifier":787,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/ca62cf123aaaf135c80b055249bacbda79de9226e11cdfcde6529bedf89683de?s=96&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/ca62cf123aaaf135c80b055249bacbda79de9226e11cdfcde6529bedf89683de?s=96&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Equally Wed","logo":{"@type":"ImageObject","@id":"http:\/\/equallywed.com\/wp-content\/uploads\/2018\/08\/equally-wed-lgbtq-weddings-logo.jpg","url":"http:\/\/equallywed.com\/wp-content\/uploads\/2018\/08\/equally-wed-lgbtq-weddings-logo.jpg","width":218,"height":60}},"image":{"@type":"ImageObject","@id":"http:\/\/equallywed.com\/wp-content\/uploads\/2018\/08\/equally-wed-lgbtq-weddings-logo.jpg","url":"http:\/\/equallywed.com\/wp-content\/uploads\/2018\/08\/equally-wed-lgbtq-weddings-logo.jpg","width":218,"height":60},"url":"https:\/\/equallywed.com\/closing-arguments-begin-in-californias-prop-8-trial\/","about":["Marriage Equality News"],"wordCount":439,"articleBody":"By Katherine DeanClosing arguments in the  Prop 8 trial (Perry v. Schwarzenegger) began this morning in San Francisco and are expected to  conclude later this afternoon. As attorneys for both sides make their  remarks, Chief U.S. Judge Vaughn Walker will be basing his verdict  partially on the written answers to 39 questions he posed  to the parties involved in the case.Walker\u2019s questions  challenge both the plaintiffs, who wish to overturn California\u2019s ban on  gay marriage, and the defendants, who wish to uphold the ban, but do not  necessarily indicate that he favors the arguments of either side. For  example, Walker asked plaintiffs to  present evidence that \u201clegal recognition of same-sex marriage reduces  discrimination against gays and lesbians.\u201d At the same time, Walker asked defendants to  present evidence that \u201csame-sex marriage has or could have negative  social consequences\u201d and to present evidence that \u201csame-sex marriage is a  drastic and far-reaching change to the institution of marriage.\u201dAs promised at the outset  of the trial, Walker\u2019s  questions indicate that he is taking an in-depth, broad-view approach  to the case. Some of the questions seek to uncover whether voters passed  Prop 8 with discriminatory intent, which could be viewed as a violation  of the Equal Protection Clause of the 14th Amendment.  Other questions aim to determine whether or not there is a  constitutional right to same-sex marriage. Finally, Walker addresses the issue of  federal marriage rights by asking plaintiffs, \u201cEven if enforcement of  Proposition 8 were enjoined, plaintiffs\u2019 marriages would not be  recognized under federal law. Can the court find Proposition 8 to be  unconstitutional without also considering the constitutionality of the  federal Defense of Marriage Act?\u201dWalker\u2019s opinion, which is  expected later this summer, carries significant weight. If he declares  that Prop 8 violates the civil rights of gays and lesbians and overturns  the ban on gay marriage, it could pave the way for sweeping change to  laws in the 44 states with similar gay-marriage bans. Alternatively, a  narrower ruling could affect only the states where same-sex couples are  afforded all legal rights except the right to marry.For gays and lesbians who  wish to legally wed in California, Walker may also decide to  issue an injunction that the plaintiffs are seeking, which would allow  gay marriage to resume immediately. If the injunction is not granted,  same-sex couples may have to postpone their nuptials (or at least their planned trip to the courthouse) until the case is  reviewed in appellate court.Regardless of how Walker rules, the case is  expected to be appealed to the Ninth U.S. Circuit Court of Appeals and,  very likely, to the U.S. Supreme Court."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Closing Arguments Begin in California\u2019s Prop 8 Trial","item":"https:\/\/equallywed.com\/closing-arguments-begin-in-californias-prop-8-trial\/#breadcrumbitem"}]}]