Groundbreaking gay marriage trial starts in California

[Zomby Woof]

Source: AP

SAN FRANCISCO – The first federal trial to determine if the U.S. Constitution prohibits states from outlawing same-sex marriage got under way Monday, and the two gay couples on whose behalf the case was brought will be among the first witnesses.

The proceedings, which are expected to last two to three weeks, involve a challenge to Proposition 8, the gay marriage ban approved by California voters in November 2008.

Regardless of the outcome, the case is likely to be appealed to the U.S. Supreme Court, where it ultimately could become a landmark that determines if gay Americans have the right to marry.

About 100 people demonstrated outside the federal courthouse. Most were gay marriage supporters who took turns addressing the crowd with a microphone. About a dozen gay marriage foes stood in the back of the gathering and quietly held signs demanding the ban remain in place.


Read more: http://news.yahoo.com/s/ap/20100111/ap_on_re_us/us_gay_marriage_trial

[lapfog_1]

1. Given the current make up of the Supreme Court

This case is a double edged sword.

If it gets appealed to the SCOTUS and they rule against gay marriage...

[TheWraith]

3. You might be surprised.

We've only lost one vote since the 6-3 ruling on Lawrence v. Texas.

Besides, it's going to be awhile before it hits the SCOTUS. Many months at least.

[onehandle]

4. I don't think so. I believe that a move to SCOTUS would end this once and for all in a good way.

SCOTUS is pro-corporation, but even in it's current incarnation (thanks Ralph) I believe that they would not deny social justice.

[lapfog_1]

5. Yes, that would be the best outcome.

Hence the term "double edged sword".

I don't expect the Obama administration to file an amicus brief in favor of gay marriage, but then I'm a pessimist.

[Tailormyst]

2. It would be nice to hear our leadship stand up and speak out in favor of equal rights for all

Instead they say nothing. Except when they want our money and our labor.

[nbcouch]

6. I've been making

the Equal Protection argument for years, and have long believed it would prevail sooner or later. To the extent that the State sanctions marriage or civil unions or whatever the case may be, it cannot discriminate. It must apply such sanctions equally across all groups.

What a particular church chooses to do is an entirely different matter, but the State is prohibited by the 14th from exercising any such discrimination.