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California’s Supreme Court Ponders Gay Marriage

Within the next two months, the California Supreme Court will answer the question of whether California’s Constitution allows the state to prohibit same-sex marriage. Law professor Vikram Amar has st

California’s Supreme Court Ponders Gay Marriage

Tom Fudge : Four years ago this month, the city of San Francisco and several gay and lesbian couples filed suit. That was after the California Supreme Court put a stop to the city's granting of marriage licenses to same sex couples.

Today, those lawsuits have found their way back to the California Supreme Court. The court is now considering the question of whether limiting marriage to a union between a man and a woman is illegal discrimination. The law, limiting marriage to heterosexual couples, was passed as Prop 22 in the year 2000.


We're expecting a decision from the Supreme Court in two to three months. If it comes down on the side of gay activists, a lot of people wonder if we'll have a repeat of 2004. That was when the Massachusetts high court decision motivated Christian fundamentalists around the country to get deeply involved in that year's presidential election, the election that, of course, was won by Republican George Bush.