Judge Refuses to Dismiss Same-Sex Marriage Ban Lawsuit
October 14, 2009 - 6:57 PMA federal judge in San Francisco has refused to dismiss a lawsuit seeking to overturn California's same-sex marriage ban.
U.S. District Chief Judge Vaughn Walker also signaled Wednesday that the measure's sponsors will need to show that allowing gay couples to wed threatens traditional male-female unions.
Walker said significant questions remain about whether the voter-approved ban discriminates against gays and lesbians in violation of the U.S. Constitution.
Before ruling, Walker grilled a lawyer for the measure's backers who asserted that Proposition 8 was legitimate because it fostered "naturally procreative relationships."
The judge demanded to hear how that goal would be undermined if same-sex marriages were legal.
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