Challenge to California gay marriage ban boostedA lawsuit challenging the California law California Law consists of 29 codes, covering various subject areas, the State Constitution and Statutes. See also
US District Judge Vaughn Walker rejected a bid to dismiss the lawsuit, saying the federal courts are the proper place to decide whether the ban on same-sex marriage Noun 1. same-sex marriage - two people of the same sex who live together as a family; "the legal status of same-sex marriages has been hotly debated" couple, twosome, duet, duo - a pair who associate with one another; "the engaged couple"; "an inseparable discriminates against gays and lesbians. Walker is scheduled to hear the case beginning in January, though it likely will be delayed because of legal procedures leading up to the trial. The lawsuit was filed by two same-sex couples after the California Supreme Court ruled in May in favor of Proposition 8, a voter-approved referendum that declares only a marriage between a man and a woman is legal in the state. The couples who filed the suit are represented in part by Theodore Olson Theodore Bevry Olson (born September 11, 1940) was the 42nd United States Solicitor General, serving from June 2001 to July 2004. Biography Born in Chicago, Olson completed his undergraduate degree at the University of the Pacific. and David Boies David Boies (born March 11, 1941) is a lawyer and Chairman of Boies, Schiller & Flexner LLP [1]. He has been involved in various high-profile cases in the United States. , who battled on opposite sides in the Bush v. Gore Introduction In Bush v. Gore 531 U.S. 98, 121 S.Ct. 525, 148 L.Ed.2d 388 (U.S. 2000), the U.S Supreme Court ruled that the system devised by the Florida Supreme Court to recount the votes cast in the state during the 2000 U.S. lawsuit in 2000 that was decided in favor of former president George W. Bush. Walker had indicated previously that he favors having the case argued in federal court, and he reinforced that Wednesday during a two-hour hearing in San Francisco San Francisco (săn frănsĭs`kō), city (1990 pop. 723,959), coextensive with San Francisco co., W Calif., on the tip of a peninsula between the Pacific Ocean and San Francisco Bay, which are connected by the strait known as the Golden where he questioned assertions by gay marriage opponents that same-sex couples have no constitutional right to marry. Attorneys for gay marriage opponents argued that Proposition 8 is legal and that it is based on a centuries-old tradition of male-female marriage, including the inability of same-sex couples to conceive children. But Walker said such issues should be decided in a trial, and pointed out that he had recently presided over the wedding of a man in his 90s and a woman in her 80s -- who apparently will not be conceiving children. Walker also said the US Supreme Court had refused to limit the right to marriage to certain groups, citing rulings by the nation's highest court that struck down laws against interracial marriage Interracial marriage occurs when two people of differing races marry. This is a form of exogamy (marrying outside of one's social group) and can be seen in the broader context of miscegenation (mixing of different races in marriage, cohabitation, or sexual relations). and that allowed prisoners to marry. 
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