The Will of the
People

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 unconstitutional.

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 live at CalChannel.com .