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Proposition 8 Begins Journey Through Federal Court

Proposition 8 Begins Journey Through Federal Court
Today in the U. S. Federal District Court in San Francisco, Judge Vaughan Walker ruled against a preliminary injunction to block Proposition 8. The courtroom was filled with two dozen attorneys representing various parties, including the ProtectMarriage.com coalition, Governor Arnold Schwarzenegger, Attorney General Jerry Brown, the two same-sex couple plaintiffs, and the American Civil Liberties Union.
Also, Judge Walker approved the ProtectMarriage.com coalition’s motion to intervene as a defendant in the suit. As the official proponents of Proposition 8, the coalition’s intervention in the suit is critical to the defense of traditional marriage’s definition in California’s Constitution, as both the governor and the attorney general oppose it. 
Known as Perry v. Schwarzenegger (link), this case brings the issue of same-sex marriage into the federal court system, with strong potential to eventually be considered by the United States Supreme Court. Lead attorney for ProtectMarriage.com is Charles Cooper.  Mr. Cooper has more than 25 years of legal experience in government and private practice. President Reagan appointed Mr. Cooper to the position of Assistant Attorney General for the Office of Legal Counsel in 1985, and Mr. Cooper has made several appearances before the United States Supreme Court and scores of other successful cases on both the trial and appellate levels.
The Alliance Defense Fund (ADF) is serving as co-counsel with Mr. Cooper and the coalition’s general counsel, Andy Pugno. ADF continues its strong commitment to the defense of traditional marriage in many states and at the national level.
Judge Walker was named to the federal bench by President George H.W. Bush. In his remarks today, he stated that he expects this case will only be “touching down” in district court, and “its life will extend well beyond this court.” For this reason, Martin believes this court’s responsibility is to “narrow the issues” and to establish “a record for further deliberations” as the case moves through the federal court system.
In an attempt to expedite the case, attorneys for the parties have been directed to meet together to identify areas of legal agreement and to report to the court in writing by August 7 on the agreed upon matters to resolve. A second court hearing has been set for August 19 in Judge Walker’s San Francisco courtroom.
In a related matter, the National Education Association, conducting its annual conference this week in San Diego, will be considering a potential declaration to support the legal recognition of same-sex couples. Focus on the Family’s education analyst, Candi Cushman, said the NEA’s participation in the issue of same-sex marriage “has nothing to do with education or a child’s best interest.” Link here for Focus on the Family’s Special Alert.
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