Prop 8 legality being tested

Proposition 8, a voter-passed addition to the California constitution that overturns the ruling of the state’s Supreme Court earlier in the year which ordered same-sex to be allowed under the equal protection clause, is being challenged by groups in California that claim it is an unconstitutional response.

There have been a number of reports of the hearings.

According to the Los Angeles Times the hearings didn’t go well for opponents of the ban:

The California Supreme Court strongly indicated Thursday it would rule that Proposition 8 validly abolished the right for gays to marry but would allow same-sex couples who wed before the November election to remain legally married.

The long-awaited hearing, which came as dueling demonstrators chanted and carried banners outside, was a disappointment for gay rights lawyers.

The LA Times also reports on the scene outside the courtroom as opponents and proponents of the ban faced off against each other.

As the San Francisco Chronicle points out, there is a sense from the first day that the Court would rule that same-sex marriages which took place between the Court’s order this past spring and the ballot initiative this fall were valid.

all seven [justices] appeared to agree that the 18,000 same-sex couples who married before Prop. 8 passed would remain legally wed.

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