Calif. Gay Marriage Ban Proponents Lose Again

Plaintiffs say Proposition 8 “was only made on the grounds of animus toward same-sex couples,” Defense Attorney Charles Cooper said. “This claim we resist and reject.”

Walker disagreed, saying that key issues such as how restricting marriage to heterosexual couples fosters procreation could only be answered at trial. And he lanced Cooper's main argument, telling him that “procreation doesn't require marriage.”

The lawsuit was filed in May by a lesbian couple and a gay couple who would like to marry in California but were denied a license because of the ban. The couples are represented by Ted Olson and David Boies. Olson has repeatedly said he believes the case will be ultimately decided by the Supreme Court.

Last month, Walker ordered the group to produce internal emails, memos and records associated with its strategy to ban gay marriage in the state. Cooper, a lawyer with the Christian conservative group the Alliance Defense Fund, argued that making Proposition 8 discussions between top campaign officials public would violate the group's free speech rights and subject supporters to harassment. ProtectMarriage.com has appealed Walker's ruling.

In August, Walker scheduled a January 11, 2010 trial date, but the group's appeal might delay the trial's start.