Judge to consider ending Prop 8 challenge

SAN JOSE, Calif., Oct. 12 (UPI) -- A California judge will consider a motion from Proposition 8 backers to halt a trial and end efforts to overturn a law against gay marriage, an attorney said.

Jim Campbell, a staff attorney with the conservative Alliance Defense Fund, said the case to overturn Proposition 8 can be dismissed on legal grounds without a trial, The San Jose Mercury News reported.

U.S. District Judge Vaughn Walker will consider the motion Wednesday. His comments to date indicate he believes the case warrants a trial. He said a full record should be developed for higher court review that some say could reach the U.S. Supreme Court.

A California Supreme Court ruling in May upheld Proposition 8, but left previous same-sex marriages intact.

The current lawsuit, representing two same-sex couples, proceeded even after that ruling.

"We think we have very strong arguments on the legal issues," said Theodore Boutrous Jr., one of the lawyers on the case. But "we really took our guidance from the court's comments early on. To us, it makes a lot more sense to develop a factual record."