California Rules on Gay Marriage Today

May 26, 2009— -- The California Supreme Court will rule today on whether Proposition 8 -- the state's controversial ban on gay marriage that was passed by ballot referendum last November -- is valid.

The ruling will also determine the status of about 18,000 same-sex couples who married before the constitutional amendment was passed by 52 percent of the vote. The contentious $83 million campaign pitted gay rights activists against Christian church groups including the Mormons.

Justices are considering a series of lawsuits that seek to overturn the ban, which overruled a 4-3 court decision that briefly legalized same-sex marriage. Those suits claim Proposition 8 was put on the ballot improperly.

Gay rights marches -- either celebratory or in protest -- have been scheduled throughout California and several other states tonight, depending on which way the high court swings.

Waiting for the decision "has been an absolutely gut-wrenching experience," Molly McKay, a spokeswoman for Marriage Equality USA, told the Associated Press.

"As Californians, we are all under tremendous strain worrying about the economy, our jobs and our families," she said. "On top of that, gay families have been living for months with the fear that the court will allow a bare majority of voters to strip gay and lesbian families of their constitutional protections and eliminate our marriages -- or just as bad, eliminate new couples' ability to get married."

Opponents of Proposition 8 argued that it revised the California's equal protection clause to such a dramatic degree that its sponsors needed the Legislature's approval to submit it to voters.

But several justices at a March hearing said they were skeptical of that argument and many legal experts say the Supreme Court would not likely undermine the state's citizen initiative process by reversing the gay marriage ban.

Since the passage of Proposition 8, gay marriage has gained momentum around the nation. Iowa, Maine and Vermont have joined Massachusetts and Connecticut in recognizing same-sex couples. Similar proposals are under way in New Hampshire and New York.

If California's court upholds the gay marriage ban, gay rights advocates hope to have it repealed in a 2012 ballot initiative. Groups have already begun raising money and airing television ads.