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California Supreme Court Hears Challenge to Gay Marriage Ban

HeadlineMar 06, 2009

In California, the state Supreme Court heard arguments Thursday in a case seeking the reversal of a voter-approved gay marriage ban. Proposition 8 amended California’s constitution to limit marriage to a man and a woman, overturning an earlier court declaring the right of gays and lesbians to marry. During a three-hour hearing, gay marriage advocates questioned the constitutionality of the amendment.

Attorney: “Petitioners’ position is that Proposition 8 took away the fundamental right to marry from same-sex couples.”

Judge: “The right to marry or the right to get married?”

Attorney: “Took away the fundamental freedom to marry, which includes the choice, the constitutionally protected choice, about whether and whom to marry and the ability to continue in that relationship.”

The former Whitewater special prosecutor Kenneth Starr represented backers of the gay marriage ban. During one exchange, Starr asserted that voters have the authority to overturn constitutional rights, including free speech.

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