SAN FRANCISCO (KCBS) -- Lawyers in the Proposition 8 trial are keeping an eye on Washington as they draft papers for the federal judge in San Francisco.
The two sides in the legal battle over California's ban on same sex marriage have two more weeks to tell Judge Vaughn Walker exactly how they'd like him to rule and why. As it is expected the federal lawsuit challenging the 2008 ballot initiative to ultimately be decided by the US Supreme court, attorneys are trying to ensure that they've built a case that will satisfy the nation's highest legal authority two years down the line.
KCBS’ Doug Sovern Reports
"The main thing I learned from Bush v. Gore is that you need five judges, and I actually knew that going in," joked plaintiff's attorney David Boies, who represented Al Gore in his Supreme Court presidential fight with former President George W. Bush.
The way to get those judges' support, said Boies, is to build as strong a case as possible at the lower level. That's why one of his clients, plaintiff Jeff Zarrillo, feels it's so important to win this trial.
"We would be very confident going to the next step of this phase with a victory here versus going into the next phase with a loss," Zarrillo explained.
Meanwhile, Protect Marriage attorney Andy Pugno said his side will try to cut through the clutter to show the Supreme Court that this case is simply about whether the voters had the right, and a good reason, to ban same sex marriage.
"We're just very confident ultimately in the law. So whether it's here or down the road, we're very confident that the integrity of the process is going to prevail," said Pugno.
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