This morning in San Francisco, a three-judge panel of the U.S. Ninth Circuit Court of Appeals begins hearing oral arguments in Perry v. Schwarzenegger, the landmark federal challenge to Proposition 8. In August, Chief U.S. Judge Vaughn Walker struck down the voter-approved same-sex marriage ban, finding that it violated the Due Process and Equal Protection clauses of the U.S. Constitution.
The Associated Press previews today's hearing:
The hearing on Monday will unfold in two parts and cover two issues. The first is the question of legal standing: the major defendants in the case — Gov. Arnold Schwarzenegger and Attorney General Jerry Brown — have opted not to defend the measure, leaving the defense to groups like [the Alliance Defense Fund].
Mr. Brown was elected governor last month, meaning the state’s next chief executive will not support the ban. David Boies, the veteran Washington lawyer challenging the measure, said that proponents would need to prove that their lives were being directly, and substantially, harmed by Judge Walker’s decision in order to prove their standing. "It’s not enough that you have a policy disagreement," Mr. Boies said.
While the state has opted out of the defense, in September, officials in Imperial County — a rural area east of Los Angeles that has one of the highest unemployment rates in the state — filed briefs to defend the measure, saying that Judge Walker had disregarded the will of California’s voters, who passed Proposition 8 in 2008 with 52 percent of the vote.
The judges will spend the second part of Monday’s hearing on the actual legality of Proposition 8. Opponents have argued — and Judge Walker agreed — that voters had no legitimate state interest in defining marriage as exclusively between a man and a woman, and provided more than a dozen witnesses during testimony in January to back up their case. Supporters of the measure offered two witnesses.
The San Francisco Chronicle outlines the next steps in the federal appeals process for the case that almost certainly will be appealed to the Supreme Court.
The hearing will be televised on C-SPAN beginning at 1:00PM ET.
There are also several informative backgrounders on today's hearings. MetroWeekly's Chris Geidner posts an excellent "Prop 8 Argument Day FAQ." Liz Newcomb at AMERICABlog Gay posted a backgrounder with the key documents. Lisa Keen at Keen News Service also wrote a "Viewers’ Guide to Prop 8 Arguments."