The national gay
marriage debate shifted to California on Tuesday, as the
state's highest court heard more than 3 1/2 hours of
arguments on the constitutionality of a voter-approved
law banning same-sex marriage.
Gay rights
advocates sued to overturn the ban four years ago after the
court halted a months-long same-sex wedding spree that saw
thousands of couples marry at San Francisco's City
Hall.
''I think I speak
for everybody when I say that this has been a long time
coming and a day that has been eagerly anticipated,'' said
San Francisco city attorney Dennis Herrera, who is
representing the city in a lawsuit supporting gay
marriage.
The court heard
arguments in six cases that were filed after the court
stopped the same-sex marriages in the winter of 2004. More
than 4,000 couples exchanged vows at the direction of
Mayor Gavin Newsom months before same-sex marriage
became legal in Massachusetts, although the California
high court ultimately voided the unions.
The seven
justices asked whether California already protects the civil
rights of gay and lesbian couples through domestic
partnerships. They also wanted to know if a ruling 60
years ago legalizing interracial marriages in the
state gave them a precedent for striking down the
same-sex marriage ban.
In briefs
submitted to the court, same-sex marriage supporters argued
that California's constitution leaves no room for denying
gays and lesbians the right to wed.
They say that
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.
''We're very
hopeful that California history will stay true today and
[that] we'll see the constitution vindicated for the
thousands of families in California who depend on our
equal place under law,'' said Jennifer Pizer, a Lambda
Legal lawyer who is representing gay couples.
The state and
same-sex marriage opponents, however, maintain 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, they say, would
abrogate the rights of all Californians.
''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. An 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 were persuaded.
Del Martin, 87,
and Phyllis Lyon, 84, were the first pair to get married
in San Francisco when 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)