Prop 8 Trial: Day 1 report, opening statements

Prop 8 Trial: Day 1 report, opening statements

Watermark Online will provide continuing, daily coverage of this trial. The decision to post videos to YouTube has been postponed until Wednesday, but if and when those broadcasts are approved, we will include links. Keep checking Watermark Online for updates.

The first federal trial to determine if the U.S. Constitution prohibits states from outlawing same-sex marriage got under way Monday, with a judge peppering both sides with questions during their opening statements.

Chief U.S. District Judge Vaughn R. Walker asked attorney Theodore Olson, who represents two same-sex couples suing to overturn Proposition 8, how the ban could be called discriminatory, since California already allows domestic partnerships.

Olson drew comparisons to some state laws banning interracial marriage in the 1960s that would have banned President Barack Obama's parents from getting married.

Charles Cooper, a lawyer for sponsors of the ban approved by voters in 2008, said in his opening statement that it's too difficult to know the impact of gay marriage on traditional marriage because the practice is still so new.

He urged the court to take a wait-and-see approach.

Regardless of the outcome of the case, it's likely to be appealed to the U.S. Supreme Court, where it ultimately could become a landmark that determines if gay Americans have the right to marry.

About 100 people demonstrated outside the federal courthouse. Most were gay marriage supporters who took turns addressing the crowd with a microphone. About a dozen gay marriage foes stood in the back of the gathering and quietly held signs demanding the ban remain in place.

Two hours before trial was scheduled to start, the high court blocked video of the proceedings from being posted on YouTube.com.

Text of the Prop 8 lawsuit.

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