The Rocky Mountain Collegian

Issue date: 3/6/09 Section: News

Supporting and opposing views converge during a demonstration on the issue of Proposition 8 in San Francisco, Thursday. California Supreme Court justices heard arguments Thursday on lawsuits seeking to overturn the state's voter-approved ban on same-sex nuptials as thousands of people demonstrated outside the courthouse. Gay rights advocates are urging the court to overturn Proposition 8 on the grounds it was put before voters improperly, or at least prematurely. (AP Photo/Marcio Jose Sanchez)

SAN FRANCISCO (AP) - As thousands demonstrated outside, California Supreme Court justices weighed Thursday whether voters' decision to ban same-sex marriage was a denial of fundamental rights or within what one justice called the people's "very broad powers" to amend the state constitution.

Gay rights advocates are urging the court to overturn the ban, approved in November as Proposition 8, on the grounds it was put before voters improperly, or at least prematurely. Under state law, the Legislature must approve significant constitutional changes before they can go on the ballot.

Proposition 8's sponsors, represented by former Pepperdine law school dean and Whitewater prosecutor Kenneth Starr, said it would be a miscarriage of justice for the court to overturn the results of a fair election.

The ballot initiative, which passed with 52 percent of the vote, changed the California Constitution to trump last year's 4-3 Supreme Court decision that legalized gay marriage. The court found that denying same-sex couples the right to wed was an unconstitutional civil rights violation.

California voters first enacted a ban on gay marriage in 2000.

Minutes into the proceedings, the justices peppered lawyer Shannon Minter, arguing for same-sex couples, with tough questions over how the 14 words of Proposition 8 represent a denial of fundamental rights.

Chief Justice Ron George asked what rights were lost other than being able to label their union as a marriage.

Continued...

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