Three judges to hear California gay marriage ban, Prop. 8, on Monday

Sun. December 5, 2010 11:22 PM by News Staff

San Francisco - On Monday, a three judge panel of the Ninth Circuit of the U.S. Court of Appeals will hear arguments over the legality of California's Proposition 8, which banned gay marriage.

The judges are examining two questions: one, whether the defendants have any legal standing, and two, whether the decision by Judge Vaughn Walker that Prop. 8 was unconstitutional was correct.

Normally in cases like this, the defendants are the state-- in this case, Gov. Arnold Schwarzenegger and Attorney General (and governor-elect) Jerry Brown. Indeed, the case is called "Perry v. Schwarzenegger."

However, Schwarzenegger and Brown have declined to defend the law, leaving the conservative anti-gay group "Alliance Defense Fund" to defend it instead. The ADF must prove that they are being substantially and directly harmed by gay marriage.

Prop. 8 was passed in 2008 by 52 percent of California voters.

To read more about the case, including official trial transcripts and briefs, click here.

CSpan will air Monday's hearing live starting at noon central time. The hearing is expected to last a few hours.