George said the oral argument marked the "highest point" for the court, and he was "so glad" the session was televised. "I was incredibly proud of how we acquitted ourselves in such a difficult and well publicized case," he said.
Relations among the justices remained warm and cordial. George said he was even pleased with the dissents, which contended that a decision on same-sex marriage should be made by the people, not the court.
Some judges in other states that had considered same-sex marriage had written in ways that were "homophobic" and demeaning to lesbians and gays, statements "that you don't find" in California's dissenting opinions, George said. They were signed by Justices Marvin Baxter, Ming Chin and Carol A. Corrigan.
'A real conundrum'
"When is it that a court should act?" George mused. "When is it that a court is shirking its responsibility by not acting, and when is a court overreaching? That's a real conundrum. I have respect for people coming out on different sides of this issue."
George's reputation for caution is based on the court's tendency, under him, to decide cases narrowly, refusing to reach issues not necessary to the case at hand. Advocates thrust the central constitutional question of equality for gay people on the court; there was no way to avoid it.
George also had taken risks before. Shortly after Gov. Pete Wilson elevated him to chief justice in 1996, George obtained enough votes to change the court's stance on parental consent for abortion. He wrote the ruling that overturned the state's parental consent law, sparking a campaign by anti-abortion groups to oust him.
After a justice's appointment, voters are asked to retain him or her at the next gubernatorial election. At the time of the parental consent decision, some judges were just squeaking by their retention votes.
Eric George, 39, a Los Angeles lawyer and the chief's eldest son, decided to mount a full campaign to protect his father's seat. After George was reconfirmed by a healthy margin, Eric George said he gave his father some playful advice.
"Could you wait at least 10 years for another controversial decision like this?" he asked.
George said the only other decision that anguished him as much as same-sex marriage occurred at the beginning of his career, when as a Los Angeles County Superior Court judge he insisted that a serial killer known as the "Hillside Strangler" be prosecuted over the objections of the Los Angeles district attorney.
