California Supreme Court appears likely to uphold gay marriage ban

The California Supreme Court today appeared inclined to uphold Proposition 8, but showed obvious reluctance to void thousands of same-sex marriages already in place when voters restored a ban on gay marriage last fall.

During three hours of arguments in San Francisco, the justices peppered lawyers opposing Proposition 8 with questions that suggested they do not believe they have the authority to trump the will of the voters.

At the same time, even justices who voted against striking down California’s previous ban on gay marriage indicated that Proposition 8 should not wipe out an estimated 18,000 same-sex marriages that took place last year. Those couples mobilized around the state to obtain marriage licenses after the Supreme Court ruled last May that California’s prior ban on gay marriage was unconstitutional.

“Is that really fair to people who depended on what this court said was the law?” Justice Ming Chin asked Ken Starr, the former Clinton impeachment prosecutor who argued that same-sex marriages shouldn’t be recognized under Proposition 8.

See California Supreme Court appears likely to uphold gay marriage ban

San Jose Mercury News – CA, USA