California Supreme Court to consider key issue in battle over same-sex marriage

The California Supreme Court will decide Wednesday whether to plunge back into the legal battle over same-sex marriage.

The state high court, meeting in closed session, will review a request by the U.S. 9th Circuit Court of Appeals to determine whether Proposition 8’s sponsors have legal authority to defend the ballot measure.

Depending on the court’s ruling, the 9th Circuit could either dismiss the Proposition 8 appeal on procedural grounds -- limiting the case’s effect to California -- or rule on federal constitutional questions that would affect same-sex marriage throughout the country.

A federal judge in San Francisco struck down Proposition 8 in August, ruling after a 12-day trial that the 2008 ballot measure violated equal protection guarantees under the U.S. Constitution. Experts testified during the trial that one’s sexual orientation was largely fixed and that matrimony benefits the families of gays and lesbians.

California state officials refused to appeal the ruling. Now the 9th Circuit must determine whether Proposition 8’s sponsors, ProtectMarriage.com, have legal standing to challenge the trial court's decision.

 -- Maura Dolan

Comments

[Robbie & Allen]

VERY EXCITING!

We're engaged and hoping we can get married here in Los Angeles, CA.

Fingers crossed.

[Jeremy Fritz]

Love > H8

[colt]

I really just have a couple things to say in this comment because this really upsets me on this subject.I'm just tired of this the U.S.A was built on free dome for all sometimes it seem like the government wont let us because who we are.Its our right as Americans and our given rights as humans to love who we want not to love some one we don't.I see it this way we don't need approval by any accept our selves and the one whom ever we love.We are humans not something someone or any one should vote over its unfair to us as its our right.

[GayinIndiana]

Dood, we want to get married here in the rest of the States too.

[Missouri]

@all the commentors thus far--agreed.

@GayinIndiana--If this is an immediate possibility (that is, you have someone you want to marry), why not do so? Five of the states and the District would be happy to accommodate you, and while you're paying for those accommodations, say why you're in town. You might not get all the legal benefits, yet, but when people realize that it pays to marry gays, it helps them to decide to allow it.