By Peter Henderson. Supreme Court and overturn bans throughout the nation. California's ban on gay marriage goes to trial on Monday in a federal case that plaintiffs hope to take all the way to the U. Victory for gay rights groups in the Supreme Court, which might not choose to take the case if it is appealed that far, would make marriage a fundamental constitutional right without exception and overturn laws and state amendments limiting marriage to a man and a woman in 40 states. A loss in the top court, two ranks above the action that starts on Monday, would derail efforts to win in state courts that have been a hallmark of the gay rights movement thus far. The case begins in a San Francisco court presided over by District Court Chief Judge Vaughn Walker, who clearly enjoyed preliminary sessions, joking with lawyers between barrages of pointed questions.
Gay marriage opponents ask California court to deny wedding licenses
Gay marriage opponents ask California court to deny wedding licenses - Los Angeles Times
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Same-sex marriage in California
Proponents of Proposition 8, California's ban on gay marriage, stand aside opponents of the measure outside a federal courthouse in San Francisco. The opinion, issued by U. District Court Chief Judge Vaughn Walker, overturns the results of a popular referendum in in which 52 percent of Californians voted to approve a state constitutional amendment banning same-sex marriage.
California's top court has ruled that a state law banning marriage between same-sex couples is unconstitutional. The state's Supreme Court said the "right to form a family relationship" applied to all Californians regardless of sexuality. The ban was approved by voters in but challenged by gay rights activists and the city of San Francisco. The state legislature twice passed laws to legalise gay marriage, but Governor Arnold Schwarzenegger vetoed them. He said California's court system should rule on the matter.