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Ruling due on Calif. Prop 8

Aug. 3, 2010 at 9:49 PM   |   Comments

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SAN FRANCISCO, Aug. 3 (UPI) -- The judge hearing the legal challenge to California's ban on same-sex marriage said Tuesday he is ready to issue a ruling.

U.S. District Judge Vaughn Walker said in an online posting he would announce a ruling Wednesday in the lawsuit challenging Proposition 8, a 2008 ballot initiative that reversed a California Supreme Court ruling that laws against same-sex marriage violated the state constitution.

Plaintiffs in the lawsuit assert Proposition 8 violates equal protection and due process rights under the U.S. Constitution.

The trial featured extensive testimony about the history of the institution of marriage and the nature of homosexuality, as well as the political influence of gays and lesbians. Most testimony supported same-sex marriage rights, the Los Angeles Times reported.

Charles Cooper, representing supporters of Proposition 8, argued the "marital relationship is fundamental to the existence and survival of the race."

"Without the marital relationship society would come to an end," he said.

Walker's decision will most likely be appealed to the 9th U.S. Circuit Court of Appeals and is widely expected to end up before the U.S. Supreme Court, the Times said Tuesday.

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