RPT-U.S. judge sets Jan 2010 federal gay marriage trial

(Repeating for wider distribution)

By Peter Henderson

SAN FRANCISCO Aug 19 (Reuters) - The federal judge being asked to declare gay marriage a fundamental constitutional right on Wednesday set a January 2010 trial date and denied attempts by gay and conservative advocacy groups to join the case, already top-heavy with high profile lawyers.

About 30 lawyers crowded into a San Francisco courtroom hearing the challenge to California's Proposition 8 same-sex marriage ban, a high-risk venture that will set court policy for years, if it reaches the U.S. Supreme court.

Ted Olson, the lawyer whose Supreme Court arguments put President George W. Bush in the White House, and David Boies, his opponent in the 2000 case, joined forces to overturn Prop. 8, arguing precedents showed they could win.

Gay rights groups had avoided federal court in favor of a state-by-state battle for fear conservative Supreme Court justices would deny their cause. A handful of U.S. states, mostly in the northeast, have allowed same-sex marriage, but the overwhelming majority forbid it.

In respectful tones, Olson told federal district Judge Vaughn Walker participation by gay groups and social conservatives would only slow the case.

Walker, clearly eager to focus and speed arguments, denied the groups' motions but added the city and county of San Francisco to the case as a government representative. Calif. Governor Arnold Schwarzenegger has signaled his administration will not actively join the case.

"I am surprised by the governor's position in this case," Walker told a state lawyer, telling him to urge Schwarzenegger, who personally favors gay marriage, to get involved. "This is a matter of some importance to the people."

Walker set a January 11, 2010 date to start the trial, an aggressive schedule. Two same-sex couples represented by Olson and Boies say marriage is a federal constitutional right which they are being denied.

Social conservatives led by lawyer Charles Cooper say the people of California had the right to limit marriage to a man and a woman, since it is in the state's interest to limit marriage to couples of opposite sex. (Reporting by Peter Henderson, editing Todd Eastham)