Opponents of gay marriage will attempt to dismiss a federal court case this Wednesday brought by a lesbian couple from Berkeley. The gay marriage opponents fear the case will lead to the legalization of same-sex nuptials. But they could have a tough time convincing federal Judge Vaughn Walker to throw out the case, because he has said he thinks it should go to trial. In addition, the anti-gay-marriage side is making the same basic argument that it has made before unsuccessfully.
According to the San Jose Mercury News, the gay marriage opponents maintain that a nearly 40-year-old court ruling forbids the lawsuit brought by Sandy Stier and Kris Perry of Berkeley. The Berkeley couple, who are represented by ex-Bush lawyer, Ted Olson, and former Al Gore attorney, David Boies, contend that Proposition 8, which illegalized same-sex marriage, is unconstitutional. But the gay marriage opponents argue that judge Walker should follow a 1972 decision by the US Supreme Court that let stand a Minnesota ruling, stating that marriage is between a man and a woman. Olson and Boies, however, argue that the high court has since issued rulings that undermine the 1972 decision.