The trial marks the first time a federal judge will rule on whether states have a constitutional right to ban same-sex marriage. Whatever the ruling, the case will likely be appealed to the Supreme Court.
It’s a case that never should have gone to trial, according to BYU law professor Lynn Wardle. “This is a case that, if the judge had any judicial integrity, would have been dismissed,” Wardle said. “Even if you can prove what you’re claiming to prove, that legally doesn’t entitle you to challenge [Proposition 8].”
According to Wardle, the hearings are a ploy to change the public opinion of same-sex marriage.
“It’s an effort to try to change public opinion through the media,” Wardle said. “We’re going to be treated to weeks and weeks of people telling us in the most moralistic and scientific terms why we should be ashamed of ourselves for being such bigots. It’s a media event.”