Same-Sex Marriage Debate Shifts to California

The national gay marriage debate shifted to California on Tuesday, as the state's highest court heard arguments on the constitutionality of a law banning same-sex marriage that was used to end a wedding spree for thousands of gay and lesbian couples in San Francisco, a city famed for its progressive attitudes.

Four years after gay rights advocates sued to overturn the ban, the California supreme court was set to hear three hours of oral arguments in six separate cases being heard jointly.

''I don't think it's any secret that people look to California as being a beacon, whatever the issue, and having a tremendous influence in shaping the terms of the debate across the country. That is particularly important with the issue of marriage equality,'' said San Francisco city attorney Dennis Herrera, who is representing the city in a lawsuit supporting gay marriage.

The cases were filed after the court stopped the same-sex wedding spree that developed in San Francisco in the winter of 2004 at the direction of San Francisco mayor Gavin Newsom. More than 4,000 couples exchanged vows at City Hall months before gay marriage became legal in Massachusetts, although the high court ultimately voided the unions.

In briefs submitted to the court, same-sex marriage supporters argue that California's constitution leaves no room for denying gay men and lesbians the right to wed.

While the state is one of a handful where gay couples are entitled to most of the same legal rights as married spouses, the institution of marriage is too important to allow for alternatives that are by definition inferior, they say.

The state and same-sex marriage opponents maintain, however, that limiting marriage to members of the opposite sex is reasonable -- not only to uphold tradition but because California voters approved a ballot initiative eight years ago bolstering the gay marriage ban that was in place at the time. To overturn that law would abrogate the rights of all Californians, they argue.

''A day may come when the people decide to legalize same-sex marriage. But such a social change should appropriately come from the people rather than the judiciary so long as constitutional rights are protected,'' Deputy Atty. Gen. Christopher Krueger wrote in a court brief.

A trial court judge in San Francisco agreed with gay rights advocates and voided the state's marriage laws in April 2005. A midlevel appeals court overturned his decision in October 2006.

Since these California cases were filed, the top courts in six other states have been asked to legalize same-sex marriage. New Jersey's top court gave lawmakers the option of adopting civil unions as an alternative, and a ruling is pending in Connecticut, but none of the other courts was persuaded.

Del Martin, now 87, and Phyllis Lyon, now 84, were the first pair to get married in San Francisco when Mayor Newsom directed his staff to issue marriage licenses to same-sex couples on February 12, 2004. At the time, they had been together for 51 years. They are one of 23 couples suing the state, but poor health will keep them at home on Tuesday, they said.

''If they would go ahead and throw [the marriage ban] out, we could stagger up to the altar,'' Lyon said with a grin.

The California supreme court has 90 days in which to rule following the hearing. (Lisa Leff, AP)