Gay-Marriage Ban Returns to Court in California

Prop. 8 case could set stage for Supreme Court battle
By Matt Cantor,  Newser User
Posted Dec 6, 2010 7:35 AM CST

(Newser) – California’s ban on gay marriage gets another day in court: The Ninth Circuit Court of Appeals will hear arguments related to August's ruling that Prop 8 is unconstitutional today, likely moving the issue closer to the Supreme Court, the Wall Street Journal reports. There won’t be new evidence or witnesses presented to a trio of judges, who will focus on legal issues involved—including whether backers of the ban have legal grounds to fight a lower court’s decision that called it unconstitutional.

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The state of California and its attorney general opted not to defend the ban, prompting the question of whether supporters can legally fight for it. Lawyers for Prop 8 plan to argue that it was a "rational public policy choice"; lawyers against it say it has “singled out one class of persons and has taken away a constitutional right from only that class.”
(Read more gay marriage stories.)

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