SAN FRANCISCO -- — Four years after thousands of same-sex couples streamed into this liberal bastion to apply for marriage licenses, the California Supreme Court on Tuesday took up the question of whether gay people have a constitutional right to wed.
During more than three hours of arguments from lawyers for and against same-sex marriages, several justices appeared to be skeptical of legalizing the unions, suggesting they see the state's domestic partnerships as marriage in all but the name.
Justice Carol A. Corrigan observed that it might be best to leave the question "to the democratic process" because the perception of same-sex marriages is evolving. She also asked lawyers to show her where the state Constitution addressed same-sex marriages.
"Is it better for this court to decide or the people of California to decide?" Corrigan asked.
Three of the court's seven justices strongly indicated that they would uphold the state law defining marriage as a contract between a man and a woman, one suggested that gays should prevail and the other three asked questions critical of both sides.
The court's extraordinary hearing regarding In re Marriage Cases, S14799, is the culmination of a long legal fight that began when San Francisco issued marriage licenses to nearly 4,000 same-sex couples in February and March 2004. San Francisco's extraordinary move came at a time of intensifying national debate over same-sex marriages after Massachusetts, as result of a historic 2003 court decision, became the only state to legalize same-sex unions.
The court is deciding four lawsuits brought on behalf of nearly two dozen same-sex couples. A trial judge here ruled in favor of same-sex marriages, but a Court of Appeal rejected that decision on a 2-1 vote. Atty. Gen. Jerry Brown and Gov. Arnold Schwarzenegger argued in favor of keeping marriage an opposite-sex union, and Christian-affiliated groups joined them.
The California high court invalidated the San Francisco marriage licenses in August 2004, but will decide within 90 days whether gay men and lesbians should be permitted to marry in the future.
The hearing attracted an overflow crowd in the courtroom and protesters outside who carried signs, including one that read "Sodomy Is Sin." Hundreds watched the televised hearing from various venues across San Francisco and at City Hall in West Hollywood, with many cheering the lawyers for same-sex couples and booing justices who asked critical questions.
