Judge clarifies purpose at first federal Proposition 8 hearing

In the first hearing on a federal challenge to Proposition 8, a judge reminded lawyers Thursday that the constitutionality of the anti-gay marriage measure would be determined by higher courts and that his job was to give them as many facts and findings as possible.

U.S. District Judge Vaughn R. Walker, appearing before a packed courtroom, also declined to suspend Proposition 8 before trial, noting that such a move would create too much uncertainty for the state and same-sex couples who would marry.

"This case is only touching down in this court," Walker said. "It will have life after this court, and what happens here in many ways is only a prelude to what is going to happen later.

"Our job at this point," he said, "is to make a record."

Walker's statements Thursday mirrored a tentative ruling he handed down Tuesday. That ruling heartened gay rights activists, who said Walker made it clear he appreciated the gravity of the challenge and their arguments.
See Judge clarifies purpose at first federal Proposition 8 hearing Los Angeles Times -