Scores of people lined up this morning outside the California Supreme Court building in San Francisco, hoping for a seat in the chambers as the justices hear arguments on whether the voter-approved state constitutional amendment, “Prop 8“, should be overturned.
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SAN FRANCISCO (FoxNews.com)— California Supreme Court justices heard arguments Thursday on lawsuits seeking to overturn the state’s voter-approved ban on same-sex nuptials as thousands demonstrated outside the courthouse.
Gay rights advocates are urging the court to overturn Proposition 8 on the grounds it was put before voters improperly, or at least prematurely.
The measure’s sponsors argue the ballot initiative was approved correctly and it would be a miscarriage of justice for the court to overturn the results of a fair election.
The ballot initiative, which passed with 52 percent of the vote in November, changed the California Constitution to trump last year’s 4-3 Supreme Court decision that held that denying same-sex couples the right to wed was an unconstitutional civil rights violation.
The Supreme Court is hearing arguments on three points: is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution; does it violate the separation of powers doctrine under the California Constitution; and if it’s not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Proposition 8?
Minutes into the proceedings, the justices peppered lawyer Shannon Minter, arguing for gay rights advocates, with tough questions over how the 14 words of Proposition 8 represent a revision of the state’s constitution.
Outside, gay marriage rights supporters and opponents held signs lobbying the justices to take their side.
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Other Coverage Of This Issue: LA Local CBS, SF Gate, CNN, MSNBC, LA Times, NY Times, The Wall Street Journal
