CA Supreme Court Quizzes Lawyers On Constitutionality Of Gay Marriage Ban

By: Associated Press Email
By: Associated Press Email

SAN FRANCISCO (AP) - Attorneys seeking to overturn California's
voter-approved same-sex marriage ban tried to persuade a skeptical
panel of justices that the public's right to change the state
constitution should not extend to depriving a minority group of the
right to wed.

With thousands demonstrating outside, the California Supreme
Court appeared reluctant during three hours of arguments to
override Proposition 8. One justice said the people have a (quote)
"very, very broad, well-established" authority to amend the
state's governing framework at the ballot box.

Associate Justice Joyce Kennard says the judges' power is very
limited to override the will of voters. Kennard was in the court
majority that ruled just 10 months ago that prohibiting gay
marriage violated civil rights.

Chief Justice Ron George, also among the four justices who last
year voted in favor of gay marriage, echoed Kennard's qualms.
George says it is up to the Legislature or voters - not the court -
to make the process more difficult.

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