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Closing arguments in same-sex trial set

SACRAMENTO, June 14 (UPI) -- The federal trial for California's ban of same-sex marriage is nearing its end with closing arguments to wrap up this week in San Francisco, authorities say.

The trial, which began in January with U.S. District Judge Vaughn Walker presiding, could wind up Wednesday, The Sacramento Bee reported Monday.

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Attorneys for gay couples say they have made a strong case Proposition 8 is unconstitutional because it deprives gays of equal protection, and no compelling reason exists beyond prejudice and discrimination to bar them from marriage.

Lawyers for supporters of Proposition 8, including sponsors ProtectMarriage.com, allegedly will press their argument saying a universal, traditional purpose of marriage is procreation and child rearing, the Bee reported.

The decision most probably will be bumped up to the 9th U.S. Circuit Court of Appeals and possibly on to the U.S. Supreme Court because Judge Walker's queries in his rulings have been known to be historic or broad in nature, subject to interpretation by higher courts.

"In order to be rooted in 'our nation's history, legal traditions and practices' … is it sufficient that a practice has existed historically, or need there be an articulable purpose underlying the practice?" Walker asked both sides.

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In other words, "What does society have to lose?" he asked.

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