A federal judge hearing the Olson-Boies challenge to California's Proposition 8 indicated he's unlikely to issue an injunction that would have allowed same-sex couple to immediately begin marrying again, but also indicated he's eager to expedite the case:
"In his first response to the lawsuit challenging Proposition 8, Chief
U.S. District Judge Vaughn Walker of San Francisco said the case raises
numerous issues that may need to be considered at a trial, including
the history of discrimination against gays and lesbians and the intent
and effects of the state constitutional amendment…Olson and Boies asked Walker to issue an injunction at a Thursday
hearing that would suspend Prop. 8 and allow same-sex couples to marry
while the case proceeds. In Tuesday's order, the judge said he has tentatively decided
instead to move "directly and expeditiously" to a trial on the
constitutionality of the measure. Halting enforcement of Prop. 8 at this stage 'may inject still
further uncertainty,' Walker said. He noted that any couples who
married as a result of an injunction would be unclear about their
status until a final ruling. The judge said lawyers at Thursday's hearing could discuss how the case should proceed. Olson said he was pleased with Walker's approach, even though the ballot measure will remain in effect."
Also: "Walker said in his order…that past discrimination is relevant in evaluating a law that limits the right to marry. A related issue, he said, is 'whether the availability of opposite-sex marriage is a meaningful option for gays and lesbians.' He said opponents of same-sex marriage may also need to present
evidence to justify their arguments that children are best raised by a
married mother and father, and that allowing gays and lesbians to wed 'destabilizes opposite-sex marriage.'"
