March 5th, 2009
08:00 AM ET
5 years ago

California court to decide legality of same-sex marriage ban

Angel D. Hernandez and Johnny Foam join a same-sex marriage rally Wednesday in Los Angeles, California.
Angel D. Hernandez and Johnny Foam join a same-sex marriage rally Wednesday in Los Angeles, California.

SAN FRANCISCO, California (CNN) - Officials are expecting a standing-room only audience Thursday for a same-sex marriage hearing at the California Supreme Court. Justices are expected to decide the fate of the state's same-sex marriage ban and the validity of about 18,000 gay and lesbian marriages.

Hundreds of demonstrators gathered in San Francisco's Castro District Wednesday night to push for the court to reinstate same-sex marriage in California.

On Thursday the court will take on the constitutionality of the controversial Proposition 8, a measure banning same-sex marriage that voters approved in November.

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Filed under: California • Same-sex marriage
soundoff (25 Responses)
  1. Dawn

    it is not up to anyone. If you are a straight couple you have the right to marry, but if you are a gay couple you have no rights. I have gay friends and they are the best friends I could ask for. They are normal people just like the straights. They just want what we have and that is not wrong...

    March 5, 2009 09:41 am at 9:41 am |
  2. Michelle

    I don't believe any laws should take away the rights of (non-criminal) US citizens. I am looking forward to hearing the results of the case. Let's hope the courts do the right thing and strengthen the foundation of our society by letting more committed adults to enter into legal marriages.

    March 5, 2009 09:42 am at 9:42 am |
  3. Romney2012

    typical liberals...keep pushing the issues when their begging is denied....it was voted down by the majority of your state, live with it.

    Besides being morally wrong, it's mechanically wrong....! Gays don't want equality, they want preferential treatment...go back in the closet, or act normal.....

    March 5, 2009 09:43 am at 9:43 am |
  4. Sniffit

    Get your religion out of my government and I'll consider keeping my fist out of your face.

    March 5, 2009 09:43 am at 9:43 am |
  5. Lotta Muni

    Both sides of this issue ignore a simple fact; there are two institutions of marriage in this country, the legal contractual and the ceremonial. While blurring the lines between the two may benefit either side politically, it leaves millions of same sex partners with NO protection or rights as a couple. I don't know if this country is ready to embrace full blown legalized gay marriage, but striking a compromise would probably not be so difficult, if the most outlying factions on the argument were to agree to come together in the middle.

    March 5, 2009 09:43 am at 9:43 am |
  6. Bjoerlingfan

    I can see the court upholding the ban (although, I think it's wrong), but how is it at all legal to apply the ban retroactively and dissolve these legal marriages?

    March 5, 2009 09:44 am at 9:44 am |
  7. Larry

    Can we just undo the last election,I don't think so,but I'm all for it if we can !!

    March 5, 2009 09:45 am at 9:45 am |
  8. Texas Liberal

    Proposition 8 is unconstitutional, period.

    March 5, 2009 09:49 am at 9:49 am |
  9. Tina

    Gay people are not being discriminated against. Any US male has the right to marry a non immediate family US female at will anytime of day and vice versa. There cannot be room to negotiate this issue. Women relationships are incapable of consumatio; and the whole issue stinks up the place. If you want to be gay, that's your choice but don't force that risky behavior down our throats.

    March 5, 2009 09:52 am at 9:52 am |
  10. obama-mama

    Holy matrimony between a man and a woman. Adam and Eve, not Adam & Steve.

    March 5, 2009 09:52 am at 9:52 am |
  11. Mari

    Wow..... I did not know Prop. 8 could be challenged. I will leave it to the courts.

    Sadly, the haters who claim to be Christian will be spewing their vile.

    March 5, 2009 09:54 am at 9:54 am |
  12. d1120

    Proposition 8 is the will of the majority of the people. Majority rules.

    March 5, 2009 11:28 am at 11:28 am |
  13. true daughter of the american revolution

    part 2 –
    here in sacramento, people are up in arms because gays and lesbians used the power of their $$$ and boycotted certain establishments.
    said establishments were offended.
    i say, it's about time.
    how many of these religious right people do business with gay and lesbian companies? i'd say not many.
    so it's fair turn about for gays and lesbians to think more actively about where they spend their dollars.
    as far as i'm concerned, what's good for the goose is good for the turkey.
    we all need to learn to get along.
    gays and lesbians do not threaten the religious right, in reality.
    those religious right people who feel threatened are actually threatened by their own issues relating to sexuality.
    do i need to point out all the priests and evangelical talking heads, and republican leaders who have had issues?
    get a grip people!
    we have bigger problems than who someone wants to marry.

    March 5, 2009 11:30 am at 11:30 am |
  14. Purnell Kankakee IL.

    The voter have spoken, keep the ban there is no future in a same sex marriage, if everyone had sex marriages we would die out!

    March 5, 2009 11:33 am at 11:33 am |
  15. Lush Limprick & Osama bin Laden have the same vision for America - FAILURE!

    If a simple majority of voters were allowed to dictate the rules of justice, then slavery would still be legal.

    The courts are the 3rd branch of the government to protect minorities from being oppressed by majority.

    March 5, 2009 11:34 am at 11:34 am |
  16. Andrew Steiner

    So much hatred toward people for no reason. Anyone who supported Prop 8 or supports the institutional hatred and discrimination is codifies, should beg forgiveness from those you target with your hatred. You don't know what you don't understand... and you don't understand what you don't know. Ignorance breeds hatred and discrimination... as seen throughout history. I'll say a prayer for you.

    March 5, 2009 11:36 am at 11:36 am |
  17. lama

    All those opposed to gay marriage on "moral" or "Christian" grounds,

    Ever hear of "the Golden Rule": Do unto others as you would have done unto you? For one second, take yourself out of your insulated (bigoted) world and put yourself in a gay persons shoes. Would you want to be discriminated against? Would you want to be denied the right to see your loved one on their death bed?

    Gay marriage doesn't affect hetero marriage in any way. If your fear is that it might give other people "gay" then you just don't understand and probably never will.

    My marriage to my wife is just as strong as it would be if gay marriage weren't allowed in my state.

    March 5, 2009 11:38 am at 11:38 am |
  18. JS007

    After we are finally done abusing gays, and realize that taking away human rights of others is NOT Christian, I wonder what group of people will be next to be singled out by the "value voters".

    March 5, 2009 11:42 am at 11:42 am |
  19. ray ray

    Bjoerlingfan asks,

    "how is it at all legal to apply the ban retroactively and dissolve these legal marriages?"

    AN ANALOGY:
    When the US decided slavery was Unconstitutional .... why did it affected established plantations? Why did it not only prevent NEW plantations?

    March 5, 2009 11:52 am at 11:52 am |
  20. Dd

    It's shameful that a rights issue is being left to voters. This is something to be decided by the courts which will decide it based on whether it is constitutional or not.

    And in a nation that wraps itself in a flag and screams freedom and democracy, the very thought that you can deny the simple right of two consenting adults to marry is sickening.

    Funny how so many will quote Leviticus to justify their hatred of gays, but will conveniently forget Leviticus when it comes to when "life" begins (life is in the blood...2-3 weeks AFTER conception) or how about working on the Sabbath. Leviticus says they should be put to death...and last time I checked, Sunday shopping wasn't a problem.

    This law is rife with hypocrisy. No one has the right to tell two people how they feel about each other. No one has the right to deny them marriage. You want to spout that it's "traditional"...since when?? If you want what marriage was for many centuries then polygamy is "tradition." Or you want to spout that it will destroy the institution. How does that occur??? A 50% divorce rate certainly hasn't.

    If two gays want to marry, it's simply no one's business. They're consenting adults. That's all that matters.

    March 5, 2009 11:52 am at 11:52 am |
  21. Sniffit

    @ d1120 ,. who said "Proposition 8 is the will of the majority of the people. Majority rules."

    Why, because you agree with it? Sure doesn't seem like you GOPers apply that same reasoning when it comes to Obama's election and the fact that THE MAJORITY VOTED FOR THE AGENDA HE IS PURSUING. Admit it: you only love democracy when it works out in your favor.

    March 5, 2009 11:52 am at 11:52 am |
  22. Purnell Kankakee IL.

    You people are funny you support same sex couples which can not produce children, but are against heterosexuals having more then one child at one time. Most same sex people are onto Eugenics, which limits our population to 800 million on the whole planet, the rest of us would have to die out! None of you must have not seen the movie The Children of Men many countries have negative birth rates that means they are a dying people. And just like in the movie I do not want to live in a world with out children being born; if we did we will lose our hope for the future and go to war while we are dying out! Please stop following in Chinas foot steps!

    March 5, 2009 11:54 am at 11:54 am |
  23. Vaughn in Lakeland

    This country is a joke; clearly the band is illegal. I thought the law was supposed to protect the minority and not bend to the will of the majority.

    March 5, 2009 11:55 am at 11:55 am |
  24. Bob the Observer

    Only an idiot of a judge would try to decide whether a constitutional amendment is "constitutional" or not. If it's an amendment, it's "constitutional."

    The only way to make this decision NOT constitutional is to rescind or override the amendment recently approved with another amendment, like the US Constitution did with prohibition.

    March 5, 2009 12:11 pm at 12:11 pm |
  25. Tony

    Of all places, one would think that people would be more open-minded in California.

    Just proves that homophobes, racists addn bigots live among all of us.

    March 5, 2009 12:56 pm at 12:56 pm |

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