(Thumbnail image: Change.org)

 

A legal battle of historic proportions as both supporters and opponents of same-sex marriage head to a federal district court in San Francisco this week.

 

We’re looking at perspectives from KFSN, KPIX, NPR, KOVR and the New York Times.

 

The case—Perry versus Schwarzenegger—questions the constitutionality of Proposition 8, which defines marriage as between a man and a woman in California’s state constitution.  California voters approved Proposition 8 last November but as the ABC affiliate in Fresno, California reports, the battle is far from over.

 

GAY RIGHTS ACTIVIST: “There’re a lot of people who will argue that the will of the people have spoken, but the bottom line is the will of the people sometimes don’t represent a minority that needs to be heard.”

 

TRADITIONAL MARRIAGE SUPPORTER: “This is not an issue again of gay rights this is an issue of the right of the people to govern themselves. We cannot allow this to go any other way.”


Sacramento’s CBS-affiliate gives us insight into the arguments same sex marriage advocates will raise.

 

“They’re also going to call witnesses from the other side to try to demonstrate to the judge that the whole basis, the whole momentous, behind this ban was just to single out and go after lesbians and gays.”


The decision will be a landmark one no matter which way it goes. It could widen the definition of what’s called the “suspect class.”

 

San Francisco’s CBS-affiliate explains.

 

“If you’re what’s called a suspect class-that’s race, gender, ethnicity, religion, handicapped status, for example… they’re really going to put the burden of proof on the discriminator… If you’re not in the suspect class, and sexuality is not in the suspect class, the only burden the discriminator has to prove is to provide a rational basis for the discrimination. That just means they have to come up with a good argument.”


The New York Times reports that’s not the only unique element in the case.

 

“The judge went so far as to order the Proposition 8 campaign to disclose private internal communications about messages that were considered for public use but never actually used. … Judge Walker has also ruled that the trial will investigate the Proposition 8 sponsors’ personal beliefs regarding marriage and sexuality.”

 

Whatever the decision, the case is widely expected to be appealed all the way to the Supreme Court.

 

NPR talks with a New York law school professor who says if it does, the result might not be good for gay rights activists.

 

"The movement's organizers, who have been litigating on same-sex marriage over the past two decades, have made the very conscious decision to stick to state courts because of their view that the Supreme Court was not yet ready to take on this issue in a positive direction… I think they're taking a risk."


So who do you think has the stronger case here?

 

Writer/Producer: Newsy Staff

Politics News

Proposition 8 Goes to Federal Court

January 12, 2010
(2:50)
The constitutionality of Proposition 8, California's ban on same-sex marriage, will be challenged in a federal court this week.
   
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