eporting from San Francisco — The California Supreme Court may reveal Thursday whether it intends to uphold Proposition 8, and if so, whether an estimated 18,000 same-sex marriages will remain valid, during a high-stakes televised session that has sparked plans for demonstrations throughout the state.

By now, the court already has drafted a decision on the case, with an author and at least three other justices willing to sign it. Oral arguments sometimes result in changes to the draft, but rarely do they change the majority position. The ruling is due in 90 days. See California Supreme Court may reveal stance on Prop. 8 on Thursday

Kenneth Starr and Shannon Minter, lead attorneys in the California Supreme Court case that will decide the fate of same-sex marriage in the state, are as different as the competing sides they represent.

Starr, dean of Pepperdine University School of Law, is best known for leading the inquiry into President Bill Clinton’s affair with a White House intern.

Since then, the former federal judge and U.S. solicitor general has dedicated himself to conservative causes, including writing briefs for the Mormon church in a previous gay marriage case in California.

Minter, legal director of the National Center for Lesbian Rights in San Francisco, is a transsexual who spent his first 35 years as a female. He was a lead counsel in the state Supreme Court case decided last May that allowed same-sex couples to marry, a ruling that was reversed in November when voters approved Proposition 8.

Starr and Minter will square off Thursday in the most closely watched California Supreme Court hearing in a generation. They’re set to deliver oral arguments in three suits in which supporters of gay marriage contend that Proposition 8, which limits marriage to a man and a woman, is unconstitutional.

Minter, 48, representing gay rights groups, will be the first attorney to address the court in San Francisco. Starr, 62, will deliver the final arguments on behalf of the Yes on 8 campaign.

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California’s long, tortuous war over same-sex marriage enters its next phase on Thursday, when the state Supreme Court hears oral arguments on three lawsuits challenging Proposition 8, the controversial constitutional amendment that bans gay marriage.

The easy way to think about these cases — and the way most non-lawyers 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 marriage between same-sex couples, 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 lawsuits fail.

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

Instead, the argument in the courtroom 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 state of California — the people at the polls or their written Constitution or their appointed judges or their elected legislators? Can fundamental constitutional rights — inalienable rights — be withdrawn from one group but not another?

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

Remind us: How did we get here?

The battle over same-sex marriage sometimes seems endless. Gay couples have been trying to get married in California since the late 1970s, and their opponents have been working just as hard since then to ensure that it does not happen.

Here are some highlights @ Gay marriage on trial
Los Angeles Times – CA,USA

This video will break your heart.

And Ken Starr is to blame.

Yes, THAT Ken Starr. The prosecutor who led the campaign to impeach President Bill Clinton has filed a legal brief — on behalf of the “Yes on 8″ campaign — that would forcibly divorce the 18,000 same-sex couples married in California last year before the passage of Prop 8.

News broke Tuesday that the state Supreme Court will hear oral arguments on March 5, and will then make a decision within 90 days on the validity of Prop 8 and these 18,000 marriages.

When Starr’s legal brief went public in December, the Courage Campaign immediately launched the “Don’t Divorce…” campaign, asking our members to send us pictures with a simple message for Starr and the Prop 8 Legal Defense Fund.

Those pictures, and the heartfelt messages on them, inspired blogger Paul Delehanty (also known as “kid oakland”) to send us a suggestion: Would Regina Spektor allow us to put your pictures to the words and music of her hit song “Fidelity”? So, we asked her and she said yes, very enthusiastically.

Regina Spektor’s song, in concert with your pictures, shines a beautiful light on the 18,000 couples that Ken Starr wants to forcibly divorce.

Click here to watch “Fidelity,” the heartbreaking music video inspired by your pictures and words, and then tell the Supreme Court not to divorce 18,000 California couples. Tell the Court to invalidate Prop 8, reject Ken Starr’s case, and let loving, committed couples marry. DEADLINE: Valentine’s Day:

Everyone who cares about marriage equality needs to spread the word that this isn’t just a court case.

The lives of your spouses, your friends, your neighbors, your co-workers and your family members hang in the balance.

Please watch this video and then, if you feel as we do, please share it with your friends. The more people that see this video, the more people will understand the pain caused by Prop 8 and Ken Starr’s shameful legal proceeding:

http://www.couragecampaign.org/Divorce

Thank you to the amazing people who sent us these wonderful pictures. Thank you to Paul for his inspired idea and Regina for her beautiful song. And thank you for taking action to support the love of 18,000 couples across California.

Rick Jacobs
Chair

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Courage Campaign Issues is part of the Courage Campaign’s online organizing network that empowers nearly 400,000 grassroots and netroots activists to push for progressive change in California.