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Calif. Prop 8 Back in Court Tomorrow

By Harry Kimball,  Newser Staff

Posted Mar 4, 2009 3:34 PM CST

(Newser) – Protesters around California are gearing up for tomorrow's state Supreme Court session on the constitutionality of Proposition 8, the voter referendum that banned gay marriage, the Los Angeles Times reports. The decision isn’t due for 3 months, but the opinion is already written, and the court's stand may be revealed in the judges' responses to oral arguments, which will be televised.


Legal scholars see many possible outcomes, but only one likely one: that the court will uphold Prop 8, but not strip already-married same-sex couples of their marriage rights. The present court is the same one that authorized gay marriage last May, but they aren't expected to have the votes to overturn the ban. One scholar thinks the only way to give gays equality and uphold Prop 8 is to replace the term “marriage” with something else, and apply it to all couples. Otherwise, you “rewrite the Constitution in a way that undermines a basic principle of equality.”

California Supreme Court Justices.
California Supreme Court Justices.   (AP Photo)
Anti-Proposition 8 protesters in San Francisco.
Anti-Proposition 8 protesters in San Francisco.   (AP Photo)
Some support for Proposition 8.
Some support for Proposition 8.   (AP Photo)
Attorney General Jerry Brown has come out against Prop 8.
Attorney General Jerry Brown has come out against Prop 8.   (AP Photo)
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COMMENTS
Showing 3 of 3 comments
AmericaPrevails
Apr 8, 2009 8:19 PM CDT
It's confusing isn't it? Yes to Prop 8. This is an important issue to alot of people, and though there are more pressing things for Arnold.. This is the biggest fish on the table that need frying for the judges in California simply by public opinion pressure alone. if you know what I mean?
EddyTeach
Mar 4, 2009 4:17 AM CST
forgive my slip-up-- i meant to say NO. No to prop 8. this is a silly waste of time for a state that has a lot lot lot more on its plate than a few thousand people tying the knot.
EddyTeach
Mar 4, 2009 4:16 AM CST
Y2P8

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