May 15, 2008 12:20 am US/Pacific
Calif. High Court To Rule Thursday On Gay Marriage
SAN FRANCISCO (CBS 5 / AP / BCN) ―
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The California Supreme Court as it heard arguments on the marriage issue in March.
Pool Photo
The California Supreme Court said it plans to issue its long-awaited decision on whether to legalize same-sex marriage on Thursday.
The high court announced the pending opinion on its Web site Wednesday morning.
Justices heard oral arguments in a series of cases brought by gay and lesbian couples, the city of San Francisco and two gay rights advocacy groups in early March.
The court has been asked to decide whether the state's one man-one woman marriage laws violate the civil rights of same-sex couples.
If it rules in favor of the plaintiffs, California could become the second state after Massachusetts where gays and lesbians can legally wed.
The court's seven justices appeared closely divided on the issue during the three-hour hearing on March 4.
Gay-rights organizations sent mass e-mails to people Wednesday telling them to get ready for a historical decision and, according to Equality California: "win or lose, we must stand united and proud to accept the Court's decision. The world will be watching us. Our response needs to match this moment."
The legal proceedings were set in motion after San Francisco Mayor Gavin Newsom allowed marriage licenses to be issued to same-sex couples in early 2004. The licenses were later ruled invalid by a judge.
Same-sex marriage supporters argue that a right to such unions is provided by the state constitutional guarantees of equal protection, privacy and a fundamental right to marry.
State attorneys defending California laws claim that opposite-sex marriage is deeply rooted in tradition and the state's domestic partnership system provides nearly equal rights.
Meanwhile, a voter initiative that would make opposite-sex marriage part of the California Constitution, rather than a law, may be on the statewide ballot in November.
A constitutional amendment measure providing that only marriage between a man and a woman is valid or recognized in California has been submitted, but is in the process of having signatures verified, according to the office of Secretary of State Debra Bowen.
(© CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed. The Associated Press and Bay City News contributed to this report.)
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