California high court hears oral arguments in same-sex marriage ban case

[JURIST] The California Supreme Court heard oral arguments [recorded audio; case materials] Tuesday in consolidated cases challenging California's voter-approved ban on same-sex marriage [JURIST news archive]. In 2006, the state Attorney General requested [JURIST report] that the Court review an intermediate appellate court's decision to uphold [JURIST report] the same-sex marriage ban. Plaintiffs in In re Marriage Cases argued that the right to marry is protected by the California Constitution [text]. Plaintiffs also compared the ban against gay marriage to California's old ban against interracial marriage, which was struck down by the Court's decision in Perez v. Sharp [PDF text] in 1948. California Deputy Attorney General Christopher Krueger, representing the state, argued that California's traditional definition of marriage as the union of a man and a woman has "stood the test of time" and was approved by the state legislature in 1977 [California Code 300-310, text].

The lawsuits stem from San Francisco Mayor Gavin Newsom's 2005 decision to issue marriage licenses to 4,000 same-sex couples. The Court must rule in 90 days. The San Francisco Chronicle has more. AP has additional coverage.

 

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.