Judge orders speedy ruling on Prop 8 case

When Ted Olson and David Boies filed federal suit against Proposition 8 on behalf of their clients, the case was newsworthy for two main reasons. The two lawyers at the helm famously opposed each other in Bush v. Gore, and most of the national LGBT organizations were quick to distance themselves from the case. In fact, the Human Rights Campaign, the National Gay and Lesbian Task Force, the Gay and Lesbian Alliance Against Defamantion, Gay and Lesbian Advocates and Defenders, the National Center for Lesbian Rights, the Equality Federation, Freedom to Marry, and even the American Civil Liberties joined together to urge couples to “Make Change, Not Lawsuits,” discouraging, in particular, the case Olson and Boies were bringing.

The case did not make news because people assumed it would bring about the end of Proposition 8.

No one is saying yet that the case will be successful, but based on an action made today by the judge hearing the case, he’s at least convinced this case has serious implication.

Today, Judge Vaughn R. Walker of the U.S. District Court, Northern District of California said that the case should “proceed expeditiously to trial.”

The plaintiffs, represented by Olson and Boies were seeking an injunction on Proposition 8– which would, in effect, allow same-sex marriages to begin again immediately in California– but Judge Walker instead ordered that all parties move forward as quickly as possible toward primary resolution, rather than proceeding with arguments on injunction. “Given that serious questions are raised in these proceedings…” the Judge said, “the court is inclined to proceed directly and expeditiously to the merits of plaintiffs’ claims.”

While it is encouraging that Judge Walker intends to move quickly on this issue, it is important to remember that even a positive verdict from the District Court is not the final say on the issue. Any decision could, and likely would, be appealed to the 9th Circuit Court of Appeals. A positive result in Appellate Court could, and would, be contested to the U.S. Supreme Court.

This case is a long way from resolution, but it is encouraging to hear the Judge acknowledge the real and serious impact of Proposition 8 on Californians.