Lawyers for two same-sex couples are urging a federal appeals court to rely on the same evidence a trial judge considered when he overturned California's same-sex marriage ban.
The couples' attorneys countered arguments by Proposition 8's sponsors that Judge Vaughn Walker conducted a one-sided trial before concluding that the ban is unconstitutional.
In a brief filed late Monday, they say the evidence was overwhelmingly in their favor because Proposition 8's backers decided to call only two witnesses, compared to 17 for the plaintiffs.
Therefore, they argue, gay marriage opponents shouldn't be allowed to boost their arguments on appeal with facts that weren't tested in Walker's court.
A 9th Circuit panel is scheduled to hear the case in December.
