Proposition 8 Ban On Gay Marriage

The California Supreme Court will reveal its decision on the fate of gay marriage Tuesday morning when it rules on the constitutionality of Proposition 8, the court announced Friday. But even before the court acts, gay rights activists -- braced for defeat -- are preparing to use the occasion to jump-start the next political campaign for gay marriage, which could come in 2010. They are planning news conferences, vigils and marches from South Los Angeles to the Oregon border.

Four months after a gay marriage ban passed by a four-point margin, Californians remain evenly divided on the question of whether they want to repeal the ban, according to a new Field Poll. The California Supreme Court is considering whether to invalidate Proposition 8, which was approved by voters 52% to 48% in November. If the court allows the ban to remain in effect, as many observers predict, activists say there will almost certainly be a new ballot measure in the next few years to repeal Prop.

The California Supreme Court strongly indicated Thursday it would rule that Proposition 8 validly abolished the right for gays to marry but would allow same-sex couples who wed before the November election to remain legally married. The long-awaited hearing, which came as dueling demonstrators chanted and carried banners outside, was a disappointment for gay rights lawyers.

A classroom dispute at Los Angeles City College in the emotional aftermath of Proposition 8 has given rise to a lawsuit testing the balance between 1st Amendment rights and school codes on offensive speech. Student Jonathan Lopez says his professor called him a "fascist bastard" and refused to let him finish his speech against same-sex marriage during a public speaking class last November, weeks after California voters approved the ban on such unions.

It wasn't the first time Robin Tyler and Diane Olson said "I do," but they hope it will be the last. Holding hands as they stood under a white chuppah, the first same-sex couple to receive a marriage license in Los Angeles County returned to the Beverly Hills Courthouse on Friday morning and repeated their vows. "I hope this will be the last Valentine's Day we all have to come back here," said Tyler, 66. "But this is not about us anymore. We do not want to be the only ones on the freedom train."

The California Supreme Court announced Tuesday that it would hear arguments March 5 over the constitutionality of Proposition 8, the November ballot measure that reinstated a ban on same-sex marriage. The court's decision in the case will come within 90 days of the three-hour hearing, which will be held in San Francisco and broadcast live on the California Channel.

In the latest skirmish over Proposition 8, the state's ethics agency and Atty. Gen. Jerry Brown filed briefs in federal court this week challenging an attempt to change campaign finance disclosure laws. Supporters of the November ballot measure that banned gay marriage went to court earlier this month seeking to throw out a decades-old state law that requires the names and personal information of campaign contributors be made public.

Gay-marriage opponents filed legal briefs Monday accusing California Atty. Gen. Jerry Brown of having "invented an entirely new theory," one that "fails at every level," in his quest to find a reason to invalidate Proposition 8, which passed with 52% of the vote in November. "The people have the final word on what the California Constitution says," lawyers for the Protect Marriage Coalition wrote.

California Atty. Gen. Jerry Brown's decision to throw the weight of his office behind same-sex marriage has sparked debate over whether his arguments will actually do more harm than good for those hoping to overturn the initiative. Brown's request that the California Supreme Court overturn the state's ban on same-sex marriage -- arguing that it undermines fundamental liberties -- has been widely hailed as a victory in the fight for gay rights.