Opponents of California Prop. 8 are challenging the amendment US Federal Court.
The plaintiffs are challenging Proposition 8, whose approval by 52 percent of California voters in a November 2008 referendum annulled a state supreme court decision that authorized homosexual unions.
Federal court Judge Vaughn Walker agreed to hear the suit filed by proponents of gay marriage and said it was a constitutional issue that belonged in a federal court, despite objections from those who oppose giving same sex couples the right to marry.
"This lawsuit is an attempt by Judge Walker to put the voters of California on trial, and it's wrong. Walker has not dealt with this properly. He doesn't care about the law," Brian Brown, director of the National Organization for Marriage, which opposes gay marriage, told AFP.
Proposition 8 amended the California constitution to state that "only marriage between a man and a woman is valid or recognized in the state of California."…
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The lawsuit does not put the voters of California on trial. It seeks to overturn a an amendment to the Constitution of California, because it violates the US Constitution.