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October 14, 2009

Summary judgment denied in federal challenge to Prop 8

Lawdork blogger Chris Geidner reports on the high-profile challenge to Prop 8 being led by Ted Olson and David Boies:

U.S. District Court Judge Vaughn Walker denied the Intervenor-Defendants’ Motion for Summary Judgment in Perry v. Schwarzenegger, the federal court challenge to Proposition 8.  Judge Walker denied all of the grounds for summary judgment sought by the Intervenor-Defendants, which keeps the challenge on track toward its set January trial date.

Judge Walker ruled that a trial, or at least more evidence, is necessary before he can make a determination about what standard of review to apply when judging whether Proposition 8 violates the U.S. Constitution’s guarantees of due process or equal protection based on either sex or sexual orientation claims.

Read the rest of Chris' informative analysis here.


October 14, 2009 | Permalink


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