Such an order would honor “the expressed will of the people,” backers of the November 2008 ballot measure said Tuesday in their final written filing before Chief U.S. District Judge Vaughn Walker.
Andrew Pugno, an attorney for Prop. 8’s backers, said in an interview that the sponsors aren’t asking Walker to nullify the 18,000 marriages, but only to rule that government agencies, courts and businesses no longer have to recognize the couples as married.
Last year, the court decision which upheld the constitutionality of Prop. 8 also affirmed “the legality of 18,000 same-sex marriages performed before the election.” The Perry case filed by The American Foundation for Equal Rights on behalf of two couples who wish to be married but cannot because of Prop. 8, challenges that decision. Today’s closing arguments will likely last all day, with a ruling expected in the coming weeks. Walker sent both sides 11 pages of questions he wants addressed in the arguments. Read their responses here and here or follow live coverage from inside the courtroom here.