Opponents of California’s Proposition 8, which amended the California Constitution to limit marriage to heterosexual couples, have overcome a motion to dismiss their challenge of the law in federal court. Prop 8’s backers argued that the challenge should be dismissed because the Supreme Court let a similar law stand in Minnesota in a 1972 challenge. The judge rejected that argument, saying that much has changed in the Court’s position on a variety of issues in the intervening time. The judge also rejected the notion that couples who can not procreate shouldn’t be married, noting that the last wedding he presided over was between a couple of ages 95 and 83.

The lawyers standing for the opponents of Prop 8 are notable in their own right. Ted Olson, the Solicitor General under President George W. Bush has teamed up with David Boies, who argued against him in front of the Court in the Bush v Gore case.