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11 January 2010

Prop 8 trial begins today

trial to include unprecedented testimony

Challengers of the same-sex marriage ban plan to call to the stand homosexual couples, experts on the history of sexual discrimination and marriage, and the architects of the ballot measure.

US District Court Judge Vaughn Walker

Unlike other court cases about marriage rights, the trial before Walker will involve weeks of testimony on wide-ranging issues.

"Actually putting witnesses on the stand has never been done before in any lawsuit claiming a right to same-sex marriage," said Proposition 8 campaign attorney Andy Pugno. "So this is a very out-of-the-ordinary approach."

David Boies, a lawyer for the challengers of the ballot measure, said he expected the case would reach the Supreme Court in the fall of 2011.

"This is the first time that you will have this kind of record being made" on the social, religious and legal implications of same-sex marriage, said Boies, who represented former Vice President Al Gore in Bush vs. Gore, the Supreme Court case that gave George W. Bush the presidency.

Theodore B. Olson, a conservative attorney who represented Bush in that case, is working with Boies to overturn Proposition 8. They were hired by a nonprofit created by a political strategist and entertainment-industry activists to bring the lawsuit.

Challengers of the marriage ban will call to the stand the two same-sex couples who filed the suit and nearly 10 experts who will testify about the history of discrimination against homosexuals and the history of marriage. They also intend to call some of the architects of the Proposition 8 campaign.

Read more here.

Related story here:

Prop. 8 backers ask U.S. Supreme Court to keep trial footage off YouTube - court asked to respond today


UPDATE:

U.S. Supreme Court blocks video coverage of trial

The U.S. Supreme Court, acting on an appeal from conservative defenders of California's ban on same-sex marriage, overruled a federal judge in San Francisco today and blocked video coverage of the trial on YouTube.

"Any additional order permitting broadcast of the proceedings is also stayed pending further order of this court," the justices said. They added that the temporary order "will remain in effect until Wednesday, Jan. 13."

The high court did not explain its reasoning.

Read more here.

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