There are really two answers to why we’re having a trial. There exist some factual issues relating to the parties that the other side has not been willing to stipulate to, but are required. Second, there are so-called “legislative facts,” facts that go to the policy questions involved in whether a legislative act is appropriate or not. For example, we’re going to set out facts that relate to the historical discrimination experienced by gays and lesbians. We want to do this in order to develop a robust record at the end of the case when we brief [San Francisco federal judge Vaughn Walker] on how he should rule.

What should we expect on Monday?

It’s not a jury trial, it’s a bench trial, so we can get into things pretty quickly. The openings in bench trials are only 15 minutes for each side. So we’ll likely get through those. After that, I’ll be putting on two of our plaintiffs, and maybe a third witness. You’ll certainly see to or three witnesses.

Read the rest of Ashby Jones’s interview with David Boies in The Wall Street Journal here.