California Supreme Court Set to Rule on Gay Marriage on Tuesday

Proposition 8 followed the state Supreme Courts's 4-3 ruling in May of 2008 that declared the previous anti same-sex marriage law violated the rights of gays and lesbians to marry the person of their choice and discriminated on the basis of sexual orientation.

At the time, California became the second state, after Massachusetts, to legalize same-sex marriage. Since then, the Supreme Courts of Iowa and Connecticut have issued similar rulings, and legislatures in Vermont and Maine have also authorized same-sex weddings. New Hampshire is considering another such law.

The Maine law, however, faces a likely voter challenge.

Proposition 8 seems strange in fact, because many consider California an ultra-liberal state. Despite this, Prop. 8 passed, possibly because of scare tactics used by the proponents of the initiative, as well as a highly publicized and highly controversial infusion of cash from the Mormon Church.

Lawsuits were filed against Prop. 8, contending that it made such fundamental changes to the rights guaranteed by the state Constitution that it amounted to a constitutional revision. A revision merely an amendment. A revision requires approval by 2/3 of the state Legislature or by delegates to a new state constitutional convention before it can be presented to voters.

During arguments in March, most of the justices appeared to agree that this was an amendment. If that is true, gay-rights advocates are already making tentative plans to return to the ballot in 2010 or 2012.

Additionally, the state Supreme Court will have to rule on the validity of the 18,000 marriages that were conducted between mid-June 2008, when their ruling took effect, and the passage of Prop. 8. In March it appeared they would rule in favor of keeping those marriages as legitimate.