California Supreme Court hears same-sex marriage case

In the case of In re Marriage Cases decided May 15, 2008, the California Supreme Court held in a 4-3 opinion that two state laws that had limited marriages to opposite-sex partners are unconstitutional and held that single-sex couples have a constitutional right to marry. The court explained that it could not “find that retention of the traditional definition of marriage constitutes a compelling state interest.”

In November 2008, the California voters passed Proposition 8 banning same-sex marriage.

A claim was then made to the California Supreme Court that the constitutional amendment limited is itself unconstitutional.  The argument  being advanced is that the 14 word amendment is actually a “major revision” to the constitution, rather than an amendment.  As such, it would require legislative approval to be effective.

The California Supreme Court heard this case on March 5, 2009.  Here are some details of the hearing from John Schwartz and Jesse McKinley, California Court Weighing Gay Marriage Ban,  NY Times, March 6, 2009:

• The reporters think the court is leaning towards upholding Proposition 8 which would result in same-sex marriage being prohibited.
• The judges apparently feel that the “will of the people” should be followed if at all possible.
• The judges, however, may not be willing to undo the approximately 18,000 same-sex marriages that have already taken place.
• The court should issue a ruling within 90 days.