Prop 8 Hearing Set for July 2nd

The American Civil Liberties Union and the National Center for Lesbian Rights have thrown their weight behind the efforts of a high-powered legal team as they are trying to block Prop 8 in a federal court in San Francisco last night. Arguing that California’s voter-approved Prop 8 which once again banned same-sex marriage is unconstitutional they are attempting to block Prop 8 and are seeking a preliminary injunction against the measure which would allow same-sex marriage to resume in California.

Groups fighting for LGBT equality have been reluctant to present the fight for same-sex marriage to the federal courts as they are concerned the U.S. Supreme Court could be too conservative and not rule in favor of the legal right of same-sex couples to marry if the case were to reach the high court.

However, a lawsuit filed in May pushed gay rights lawyers to take their fight to the federal level, which until now, has been battled at the state level. A legal group who represents two gay couples in California that are seeking the right to marry, have filed suit to invalidate Prop 8 under the federal constitution, backed by former U.S. Solicitor General Theodore Olson and prominent attorney David Boies.

The ACLU brief backs the positions of Olson and Boies, maintaining Prop 8 violates federal equal protection rights. Attorney General Jerry Brown also is standing behind the lawsuit.

A hearing is scheduled on July 2nd when U.S. District Judge Vaughn Walker will consider the request for a preliminary injunction, which would allow same-sex marriage to resume.