Proposition 8 Trial Wraps Up, Same-Sex Couples Hope Ruling Overturned

A federal judge Tuesday listened to the closing arguments of the landmark trial over a California voter-approved ban on same-sex marriage.

Voters passed Proposition 8 in 2008 – the measure defines marriage as between a man and a woman.

The trial has sparked a heated debate between both sides of the arguement, and now, all eyes are squarely on Chief U.S. District Judge Vaughn Walker – the federal judge presiding over the case, whose decision is expected to come down within weeks.

Married gay couples in the desert said they hope the proposition is overturned, because they believe the measure is a violation of their constitutional right to equal protection.

“We’ve been together 30 years,” said Bryan Misner, who for the last two years has been married to Bob Lancaster.”

“It’s a free country, ” said Lancaster. “We should be allowed to… get married just like anyone else.”

But, not everyone feels that way.

“These 7,000,000 voters in California voted for Prop 8,” said Jordan Lorence, with the Alliance Defense Fund. “They made a reasonable, legitimate public policy decision that the constitution permits.”

Palm Desert pastor Derek Fossey said the issue of same-sex marriage is addressed in scripture.

“Marriage should be a covenantal relationship between a man and a woman,” he explained.

However, that’s just pastor Fossey’s personal opinion. Officially, the Hope Lutheran Church is non-partisan in the debate.

“We have many parrishoners that believe strongly in favor of Proposition 8 and some who are opposed to Proposition 8, and we’re welcoming to all peoples,” Fossey said.

The Hope Lutheran Church is a member of the Evangelical Lutheran Church in America. Last August, the ELCA voted to allow gays in committed relationships to serve as clergy.

However, heavy contributions to the pro Prop 8 campaign from religious groups and the Mormon church has some gay couples upset, because they don’t believe religion is relevent in this issue.

“Every religion should have the right to say or do whatever they want,” said Lancaster. “But, they shouldn’t enforce it on me or anybody else.”

“Part of our constitution is that no majority can take away the rights of the majority,” said David Boies, the plantiff’s attorney.

Misner and Lancaster got married a few weeks before Prop 8 passed. But they’re not worried that their marriage will no longer be recognized in California.

“It was gonna be legal and that’s why we hurried up and did it,” said Misner.

“This case for us is about how we as Americans just want to be treated equally by our government,” said Sandy Stier, the plantiff.

The closing arguments lasted the entire day Wednesday. At one point, Judge Walker engaged the defense and said that the argument to ban gay marriage is no different than a ban on interracial marriages, which was lifted in 1967.

Either way, no matter the decision, the case is expected to make it to the U.S. Supreme Court.