Joyce L. Kennard, an
associate justice with the California supreme court, seems to
be stuck on one point: wanting to know why the court should
"willy-nilly overturn the will of the people."
Lawyers are countering
that while democracy is set up so that American citizens can
govern themselves, that doesn't give voters the right to
strip equal rights away from a minority. And, as the judges
have been reminded several times throughout the morning, they
are the very judges who last year determined that denying
same-sex couples the right to marry in California was
The supreme court
justice are grilling the anti-Prop. 8 lawyers on the issue of
"unalienable rights" -- trying to pinpoint a
definition of what "unalienable" means.
Watch oral arguments