Wednesday, March 5, 2008

The Arguments and Politics of Marriage Equality in California

As the nation tries to read the political tea leaves in Super Duper Tuesday Part Deux, Californians are trying to guess which way the state Supreme Court is leaning after hearing oral arguments this morning on marriage equality for same sex couples in what the San Francisco Chronicle calls in its comprehensive preview "the most momentous case the court has heard in decades."
The three hour-plus arguments, presented live on California cable and CNN webcasts, essentially came down to the state and private antigay groups positing that longstanding tradition and the "will of the people" expressed in a 2000 voter-passed initiative (Prop. 22) trumped the petitioners' claim that marriage is a fundamental right belonging to each individual and that denial of that right is unconstitutional based on the protected rights of freedom of expression, privacy, and association as well as state laws banning discrimination based on gender and sexual orientation.

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