From nbcbayarea.com October 13, 2009

Significant questions remain about whether a ban on gay marriage violates the U.S. Constitution, and a lawsuit challenging California’s ban will go to trial, a federal judge ruled Wednesday.

A lesbian couple in Berkeley and a gay couple from Burbank filed the suite to overturn Prop. 8, the state’s ban on same-sex marraige, claiming that the ban violates their federal constitution rights. The trial is set for Jan. 11.

U.S. District Chief Judge Vaughn Walker had the option of throwing the case out altogether Wednesday, but refused to do it after hearing listening to both sides Wednesday morning.

What the judge said in court could be seen as even a bigger potential win for gay rights advocates than her ruling.

The San Francisco-based judge said she wants proof that allowing gay couples to wed threatens traditional male-female unions.

At one point Walker grilled a Prop. 8 lawyer who was claiming the law was legitimate because it fostered “naturally procreative relationships.”

The judge demanded to hear how that goal would be undermined if same-sex marriages were legal.