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SAN FRANCISCO (CBS 5 / KCBS / BCN) ― Thousands of demonstrators rallied and held a candlelight vigil in San Francisco Wednesday night on the eve of a crucial hearing before the California Supreme Court to determine the validity of Proposotion 8, the state's same-sex marriage ban.

Gay activists and their supporters marched from the city's Castro neighborhood to the state Supreme Court building at the Civic Center. So many people took part in the march, that traffic along Market Street and the Civic Center area was stopped for a time.

The protestors planned to return Thursday to rally again outside the court building as the state's high court begins hearing the case.

The passage of Prop. 8 last November changed the state constitution to prohibit gay marriage and trumped the high court's controversial decision a few months earlier to legalize it.

But the ballot measure was appealed and the justices will now get the final word by deciding whether the measure could be passed as constitutional amendment by a simple majority of voters.

Two sets of same-sex couples and a coalition of cities and counties claim the measure is so sweeping that it amounts to a constitutional revision, which would require approval of two-thirds of the state Legislature as well as approval by a majority of voters.

The stakes are high for roughly 18,000 same-sex couples who married in the short time that same-sex marriage was legal. Other states grappling over gay marriage are also watching California closely.

The sponsors of Proposition 8, who will be represented at Thursday's hearing by Pepperdine Law School Dean Kenneth Starr, claim it is a "moderate measure" that clearly qualifies as a constitutional amendment.

Starr wrote in a brief to the court that the measure "represents a deeply rooted, multigenerational judgment of the people of California about the definition of marriage."

California Attorney General Jerry Brown has a different take on the dispute.

He has told the court that he believes the measure is an amendment, not a revision, but that it nevertheless should be struck down because it impairs the fundamental constitutional right to liberty.

The court ordered a lawyer representing Brown to spend half of his 30 minutes of argument Thursday defending the measure and half opposing it.
After Thursday's hearing, the court will have 90 days to issue a written ruling.

Stuart Milk, the nephew of murdered gay supervisor Harvey Milk, said the court needs to rule that a narrow majority of voters cannot nullify the rights of a minority group.

"This is more than an LGBTQ issue, it's an issue of really embracing the full diversity that makes our nation stronger, our city stronger, our state stronger," said Milk.

Don Grundmann with the American Warrior Ministry in San Leandro said it is the pro-gay marriage groups who are violating his rights.

"They're attempting to take away the right of the citizens to vote on what they wish, and what they choose for their state," said Grundman.

Members of the public who want to view Thursday's court arguments on Proposition 8 have a number of options thanks to Internet technology and the court's willingness to allow a broadcast.

The court has approved a broadcast camera in the courtroom, making it possible for the proceedings to be streamed live here on CBS5.com.

"The justices know these cases have widespread public interest and they wanted to make the arguments as accessible to the public as possible," court spokeswoman Lynn Holton said. 

Viewing of the broadcast feed will also available in several local auditoriums and, in a first in the court's history, on a Jumbotron large-screen television at the Civic Center Plaza across the street from the State Building in San Francisco.

The Jumbotron viewing is sponsored by Marriage Equality USA, a group that supports gay and lesbian marriage. CBS 5 is providing the feed at the request of the city of San Francisco.

Marriage Equality spokeswoman Molly McKay said the outdoor broadcast will take place rain or shine and that organizers expect as many as 2,000 spectators if the weather is good.

"This is a really important historic event and we wanted to make sure that everyone who wants to will be able to see it," McKay said. 

Holton said the viewing will be the first time a state high court hearing has been broadcast on an outdoor Jumbotron.

The broadcast can also be watched indoors at the lower level auditorium of the State Building at 455 Golden Gate Avenue and the auditorium of Hastings College of the Law at 198 McAllister Street.

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