Gay marriage on trial

California’s long, tortuous war over same- enters its next phase on Thursday, when the state hears arguments on three challenging Proposition 8, the controversial that bans .

The easy way to think about these cases — and the way most non- are likely to do it — is to decide which side of the issue you’re on and root for that side to win. In other words, if you support between same- , you’ll want the cases to succeed so that Proposition 8 will be overturned. If you believe men and women should only be allowed to marry each other, you’ll hope the fail.

That’s fine. It’s outcome-based. But frankly, it has very little to do with what the is going to consider in the arguments.

Instead, the argument in the will be broader and more abstract. Who makes law in a democracy? What should we do when laws contradict one another? Who is the ultimate sovereign in the — the at the or their written or their appointed judges or their elected ? Can fundamental inalienable rights — be withdrawn from one group but not another?

These are big, with implications that go well beyond whether are allowed to marry. What follows is a ’s guide to the issues at hand.

Remind us: How did we get here?

The battle over same- sometimes seems endless. have been trying to get married in California since the late , and their have been working just as hard since then to ensure that it does not happen.

Here are some highlights @ Gay marriage on trial
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: http://gay_blog.blogspot.com/2009/03/gay-marriage-…

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Proposition 8 backers attack Brown’s efforts to keep gay marriage

of a on same- filed legal today urging the California to reject the novel put forth last month by . Gen. and to preserve Proposition 8, the ban approved by voters in November.

“The have the on what the California says,” wrote. “The practical result of the Attorney General’s theory is that the can never amend the to overrule of .”

The legal filing comes in response to a brief two weeks ago from the attorney general in which he surprised by putting forth an unusual theory to argue that Proposition 8 should be invalidated, saying that the measure undermines guaranteed by the .

His theory surprised experts because he had pledged to argue in favor of Proposition 8 — as the attorney general, it is his to defend the state’s laws. But it also advanced an unorthodox interpretation of the .

&;See Proposition 8 backers attack Brown’s efforts to keep gay marriage

Published by&; Published by xFruits

: http://gay_blog.blogspot.com/2009/01/proposition-8…

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