Three federal appellate judges considering whether to allow gay marriage in California hear arguments on Monday in a case many expect to land in the U.S. Supreme Court and set national policy. California voters, with a reputation for social liberalism, shocked the United States in 2008 when they narrowly approved the Proposition 8 ban on gay marriage only months after the top state court opened the door to same-sex weddings.
(Photo: Same-sex marriage proponents at City Hall in San Francisco, August 12, 2010/Robert Galbraith)
More than 40 U.S. states have outlawed such unions, but the California challenge could shape the nation if the Supreme Court decides to review the appeals court decision. A lower court struck down the ban earlier this year, ruling that marriage is a fundamental constitutional right and that the defenders of the ban showed no justifiable reason for limiting the institution to opposite-sex couples.
The ruling is on hold, though, while under appeal.
(Photo: A man opposed to same sex marriage at City Hall in San Francisco, August 12, 2010/Robert Galbraith)
The Prop 8 ban proponents say the lower court ignored common wisdom and history that limits marriage to a man and a woman in order to spur procreation. Gay marriage proponents successfully argued in the lower court that the definition of marriage has changed over time, for instance including polygamy in some societies. Same-sex marriages would not harm the institution, they contended.