Californians Await Word from State Supreme Court Regarding Proposition 8

The arguments have been heard. The state justices now have 90 days to render their decision.

WASHINGTON (Catholic Online) - At 12:30pm on Thursday, March 5, the State Supreme Court of California finished hearing arguments from both sides regarding Proposition 8. The Court now has 90 days to determine if the state's recently voter-approved affirmation of marriage only between a man and a woman is a proper use of the voter's right to amend the constitution or a denial of fundamental human rights.

Last November, voters approved the proposition by 52 percent, which overturned the Supreme Court's 4-3 decision to legalize same-sex marriage. They had based their ruling from the standpoint of the violation of civil rights for homosexual couples.

This time around, the Court is listening to testimony on three specific points.
1. That Proposition 8 is invalid because it is a revision rather than an amendment to the Constitution.
2. That it violates the California Constitution's separation of powers policy.
3. It will affect those same-sex couples who were marriage prior to the vote.

Court observers reported that the judges seemed reluctant to overturn a majority vote by California citizens.

At the beginning of the proceedings, the justices asked Shannon Minter, lawyer for the gay-rights group, to explain how the proposition is a revision of the Constitution and denies human rights.

Chief Justice Ron George, during that exchange, saw that the only right being denied same-sex couples is the right to label their relationship a marriage.

Justice Joyce Kennard reminded the Court that voter's had previously overturned a ruling by the Court that the death penalty was cruel and unusual punishment.

"I think what you are overlooking is the very broad powers of the people to amend the constitution," Kennard stated.

Meanwhile, outside the courthouse proponents from both sides of the issue expressed their point of view. Those who support Proposition 8 are not only concerned about the ban itself but the loss of voter's rights.

Dana Tibbits, from Ventura County was present outside and told the Associated Press, "I'm concerned about the justices, the weight of our vote and the weight of our decision."

On the other side, AP asked Ronald Cruz, a law student from UC Berley, why he wanted to see the ban overturned. "The rallies and marches make it clear we are not taking second class treatment anymore and that is what drives court decisions on civil rights."

On Wednesday evening, several thousand gay-rights advocates marched from the Castro district of San Francisco to City Hall to state their support in overturning Proposition 8. The ruling of the Supreme Court, if it upholds the vote, will not be the end of the issue.

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