A federal judge today will consider whether to dismiss a lawsuit against Proposition 8, last year’s ballot measure that reinstated a ban on same-sex marriage in California.
U.S. District Court Judge Vaughn R. Walker, who will hear arguments in San Francisco, must decide whether to proceed with a trial scheduled for January or throw out the constitutional challenge on purely legal grounds.
Walker has previously said he believes a trial is needed to develop a factual record for higher courts. The case is eventually expected to reach the U.S. Supreme Court.
But backers of the ballot measure contend that a trial is unnecessary because the law is already clear.