Prop. 8 decision in judge's hands

by | Jun. 17, 2010

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A lawyer for supporters of California's gay marriage ban argued Wednesday in a landmark federal trial that Proposition 8 was constitutional because limiting marriage to opposite-sex couples ensures children have the benefits of being raised by biological parents.

Attorney Charles Cooper delivered his closing argument as the case challenging the voter-approved measure resumed after a months-long break.

Cooper said societies around the world have always seen marriage as a way to keep children from being born out of wedlock.

"The historical record leaves no doubt, your honor, none whatsoever, that the central purpose of marriage in all societies at virtually all times is to channel procreative relationships into stable relationships to ensure that offspring that result from those relationships are raised in those stable relationships," Cooper said.

Even as he tried to elaborate, Cooper's statement drew a series of challenges from Chief U.S. Judge Vaughn Walker, who is presiding over the lawsuit filed by two same-sex couples who claim the ban is a violation of their civil rights.

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