Proposition 8

A groundbreaking gay marriage trial starts in California today.  The first federal trial to determine if the U.S. Constitution prohibits states from outlawing same-sex marriage will start today that is expected to last two to three weeks. 

The case is challenging Proposition 8 which was passed by 52% of the voters of California to ban gay marriage.   The sponsors of Proposition 8, won permission to defend the law in court after Gov. Arnold Schwarzenegger and Attorney General Jerry Brown refused to. The attorney general and the governor are defendants in the case because of their positions in state government. 

The anticipation and tension surrounding the trial were evident over the weekend, when Proposition 8's sponsors asked the U.S. Supreme Court to stop the proceedings from being recorded and broadcast on YouTube.  Judge Vaughn R. Walker approved the plan, and Justice Anthony Kennedy, (who oversees the federal courts in western states), did not act on the emergency petition Sunday night.

Chief U.S. District Judge Walker, has asked lawyers arguing for and against the ban to present the facts underlying much of the political rhetoric surrounding same-sex marriage. Among the questions Walker plans to entertain are whether sexual orientation can be changed, how legalizing gay marriage affects traditional marriages and the effect on children of being raised by two mothers or two fathers.

The Supreme Court last took a look at the issue 38 years ago and regardless of the outcome, the case is likely to be appealed to the U.S. Supreme Court, where it ultimately could become a landmark decision as to whether or not gay Americans have the right to marry.

Whether or not you agree with gay people marrying, is not my concern or business. 

However, it will be interesting to see if the Supreme Court touches this case in any capacity because of the controversies surrouding the subject and the fact that there are states that are allowing gay couples to be married today.   The Supreme Court has an "out" called Defense of Marriage Act, which defines marriage as a legal union between one man and one woman for purposes of all federal laws, and provides that states need not recognize a marriage from another state if it is between persons of the same sex.

Will the Supreme Court take the bait??  Wait and see ....