The San Jose Mercury has at least some of the arguments being used and the justices comments in the trial over whether the California ban on same sex marriage should stand in "California Supreme Court in gay marriage storm ".
The most interesting argument for is a judgment that Californians should be able to wed whichever person they please-- in 1946 while striking down a ban on interracial marriage.
The opponents argue that the will of the people was shown by an initiative vote declaring marriage to be between one man, one woman in 2000.
But proponents to striking down the ban say that it wasn't until 1991 that a majority of Californians believed that interracial marriage was okay. (1991? God, the bigots in our midst!)
Apparently, the legislature tried twice to overturn the 2000 initiative, but both moves were vetoed by Schwarzenegger.
Read source to get all the arguments and the justices questions and reasonings.
tags: california california supreme court gay rights civil rights
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