Judge to Put Gay-Marriage Discrimination on Trial



San Francisco federal Judge Vaughn Walker refused to throw out a suit brought by a Berkeley couple that seeks to legalize same-sex marriage. The judge turned back an attempt by anti-gay marriage forces to dismiss the suit, saying the case should go to trial. In a significant victory for the pro-gay marriage side, Walker also ruled it has the right to prove that Proposition 8, which illegalized same-sex nuptials last year in California, was prompted by animus against gays and lesbians, and that such discriminatory bias is unconstitutional.

According to the Chron, Walker also ruled that a 1972 US Supreme Court decision to let stand a Minnesota court ruling, defining marriage as being between a man and woman, was no longer applicable. The judge noted that subsequent high court rulings have condemned discrimination based on sexual orientation.