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Calif. Court Considers Gay Marriage

Judges, who appear split, have 90 days to rule on ban

By Matt Cantor,  Newser Staff

Posted Mar 5, 2008 7:37 AM CST

(Newser) – An overflow crowd and hundreds more outside a San Francisco courthouse listened yesterday as the California Supreme Court heard arguments on the state's gay marriage ban, the Los Angeles Times reports. The judges appeared split as lawyers argued for more than 3 1/2 hours. One judge asked if domestic partnership did not basically confer the same rights as marriage. "Doesn't this just boil down to the use of the 'm' word, marriage?" he asked.

"That symbol has deep meaning," a San Francisco lawyer said. The state's legal battle began when San Francisco married 4,000 same-sex couples in 2004; now the court has 90 days to approve or strike down California's marriage law. Six of the judges are Republican and form the backbone of a moderately conservative court.

California Supreme Court Chief Justice Ronald M. George gestures in San Francisco, Tuesday, March 4, 2008. Gay marriage supporters and opponents are finished presenting arguments on whether California should join Massachusetts in legalizing same-sex marriages. The California Supreme Court heard more than 3½ hours of arguments Tuesday in six separate...
California Supreme Court Chief Justice Ronald M. George gestures in San Francisco, Tuesday, March 4, 2008. Gay marriage supporters and opponents are finished presenting arguments on whether California...   (Associated Press)
California Supreme Court Associate Justice Carol A. Corrigan gestures towards a presenter in San Francisco, Tuesday, March 4, 2008. Gay marriage supporters and opponents finished presenting arguments on whether California should join Massachusetts in legalizing same-sex marriages. The court heard more than 3½ hours of arguments Tuesday in six separate...
California Supreme Court Associate Justice Carol A. Corrigan gestures towards a presenter in San Francisco, Tuesday, March 4, 2008. Gay marriage supporters and opponents finished presenting arguments...   (Associated Press)
San Francisco city attorney Dennis Herrera, right, and associate attorney Therese Stewart, representing the pro-gay marriage debate, address the media outside of the State Supreme Court in San Francisco, Tuesday, March 4, 2008. (AP Photo/Marcio Jose Sanchez)
San Francisco city attorney Dennis Herrera, right, and associate attorney Therese Stewart, representing the pro-gay marriage debate, address the media outside of the State Supreme Court in San Francisco,...   (Associated Press)
Geoff Kors, who is representing the gay rights group Equality California, listens to presentations to the California Supreme Court in San Francisco, Tuesday, March 4, 2008. Gay marriage supporters and opponents are finished presenting arguments on whether California should join Massachusetts in legalizing same-sex marriages. The California Supreme Court heard...
Geoff Kors, who is representing the gay rights group Equality California, listens to presentations to the California Supreme Court in San Francisco, Tuesday, March 4, 2008. Gay marriage supporters and...   (Associated Press)
Therese M. Stewart, who is representing the San Francisco City Attorney's office, gestures during her presentation to the California Supreme Court in San Francisco, Tuesday, March 4, 2008. Gay marriage supporters and opponents are finished presenting arguments on whether California should join Massachusetts in legalizing same-sex marriages. The California Supreme...
Therese M. Stewart, who is representing the San Francisco City Attorney's office, gestures during her presentation to the California Supreme Court in San Francisco, Tuesday, March 4, 2008. Gay marriage...   (Associated Press)
California Supreme Court Associate Justice Joyce L. Kennard, center, talks as Chief Justice Ronald M. George, right, and Associate Justice Kathryn Mickle Werdegar, left, listen in San Francisco, Tuesday, March 4, 2008. Gay marriage supporters and opponents are finished presenting arguments on whether California should join Massachusetts in legalizing same-sex...
California Supreme Court Associate Justice Joyce L. Kennard, center, talks as Chief Justice Ronald M. George, right, and Associate Justice Kathryn Mickle Werdegar, left, listen in San Francisco, Tuesday,...   (Associated Press)
Diane Sabin and her girlfriend Jewelle Gomez, who are among the plaintiffs in a court case on gay marriage, hold hands as they watch the hearing on closed circuit television at the San Francisco Library  in San Francisco, Tuesday, March 4, 2008.  The national gay marriage debate shifted to California...
Diane Sabin and her girlfriend Jewelle Gomez, who are among the plaintiffs in a court case on gay marriage, hold hands as they watch the hearing on closed circuit television at the San Francisco Library...   (Associated Press)
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