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Lawyers urge court to rely on Prop 8 trial facts

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  • UMAffirmation
    Lawyers urge court to rely on Prop 8 trial facts by Lisa Leff Associated Press Wednesday Oct 20, 2010 A federal appeals court should rely on the same evidence
    Message 1 of 1 , Oct 20, 2010
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      Lawyers urge court to rely on Prop 8 trial facts
      by Lisa Leff
      Associated Press
      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."

      The rest of the article is here:
      http://www.edgeonthenet.com/?111787
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