Thursday, August 13, 2009

Judge Walker Demands a Redo on Federal Prop 8 Case Management Statements

After reading the federal Prop 8 Case Management Statements filed Friday from both the Olson/Boies team and the Yes on 8 crowd, including several others from interested parties, Judge Walker decided to wipe the slate clean and demanded they start over.

The AP reported that the judge, who will ultimately decide the fate of the case, said the statements "fail to get down to the specifics of how we are going to proceed in this case" and that he wants detailed information about what effects Prop 8 has on the couples suing as well as "opposite-sex couples and others not in same-sex relationships in California."

"He said wants names and titles of the witnesses expected to testify and what legal standards should be used to decide the case, among other details he said were missing from the original filings," reports the AP.

The lawyers on both sides of the case couldn't agree on anything about how to proceed, but the main crux of the conflict centers around whether or not a public bench trial was necessary, which Olson and Boies demand should occur since it has never happened in a marriage equality case before. A public trial will allow a record to be created that will be needed in the appellate courts, where this case everyone agrees will wind up.

Attorney General Jerry Brown, as well as the governor, who are supposed to defend Prop 8 but do not agree with it, also submitted their own filings but have allowed the conservative Alliance Defense Fund to take a lead on the case.

A hearing is scheduled for August 19 to decide the course of the case.

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