A year after the state Supreme Court entertained arguments on extending marriage to gay couples, many of the same lawyers will be back before the same justices this week arguing why California's voter-approved ban on same-sex marriage should stand or fall.
The passage of Proposition 8 last November changed the state constitution to prohibit gay marriage and trumped the high court's decision as few months earlier to legalize it. But the ballot measure was appealed and the justices on Thursday are getting the final word on whether marriage is an institution that must accommodate two women or two men.
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The stakes are high — for the 18,000 couples who married while same-sex weddings were legal, for gay marriage opponents who object on religious grounds and for others who are deeply divided on the issue. And whatever the court decides is likely to have ramifications not only for millions of Californians but also for other states grappling over gay marriage.
Popular will vs. constitutional law
The question is whether a majority of the justices will defer to popular will or, having already declared that preventing gay people from marrying was unconstitutional, will do so again. Legal experts say it is a tough call and that the court's decision, due within 90 days, will be debated for years to come.
The Court hearing will be broadcast live on
Equality California and probably other sites, such as latimes.com.
