Judge Refuses to Dismiss Same-Sex Marriage Ban Lawsuit

October 14, 2009 - 6:57 PM
A federal judge in San Francisco has refused to dismiss a lawsuit seeking to overturn California's same-sex marriage ban.
San Francisco (AP) - A 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.