Lawyers urge court to rely on Prop 8 trial facts
by Lisa Leff
Wednesday Oct 20, 2010
A federal appeals court should rely on the same evidence a trial judge
considered when he overturned California's same-sex marriage ban and reject
efforts by the ban's sponsors to supplement their case with "distortions and
misstatements," lawyers for two same-sex couples say.
In a brief filed with the 9th U.S. Circuit Court of Appeals late Monday, the
attorneys for the couples who successfully sued to strike down Proposition 8
countered arguments that Chief Judge Vaughn Walker of the U.S. District
Court in San Francisco conducted a one-sided trial.
They say the evidence was overwhelmingly in their favor because lawyers for
the voter-approved measure's sponsors decided to call only two witnesses
compared with the plaintiffs' 17, and they failed to provide credible
studies or convincing corroboration for their claim that marriage should be
limited to a man and woman to promote responsible childbearing.
Those proponents "now attempt to fill the evidentiary void they left in the
district court with an avalanche of non-record citations, distortions and
misstatements regarding the proceedings below, and baseless attacks on the
good faith of the district court," the couples' lawyers said. "The tactic is
unfortunate, unbecoming and unavailing."
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