Judge to Put Gay-Marriage Discrimination on Trial

San Francisco federal Judge Vaughn Walker refused to throw out a suit brought by a Berkeley couple that seeks to legalize same-sex marriage. The judge turned back an attempt by anti-gay marriage forces to dismiss the suit, saying the case should go to trial. In a significant victory for the pro-gay marriage side, Walker also ruled it has the right to prove that Proposition 8, which illegalized same-sex nuptials last year in California, was prompted by animus against gays and lesbians, and that such discriminatory bias is unconstitutional.

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