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California Supreme Court to hear gay marriage appeal

Posted : Thu, 20 Nov 2008 01:27:20 GMT
Author : DPA
Category : Legal (General)
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San Francisco - The California Supreme Court said Wednesday that it would hear legal challenges to the recent voter initiative that banned same-sex marriage. A hearing was scheduled for March, and the court refused to permit gay weddings to resume pending a ruling.

The decision was greeted by supporters and opponents of the ban, who want a ruling to clarify the situation once and for all.

Proposition 8 designated that marriage in California can only take place between a man and a woman. It passed with a vote of 52 per cent to 48 per cent in the November 4 elections.

Opponents of the referendum went to court on the grounds that the ban was unconstitutional because it discriminates against people on the basis of sexual preference. Gay rights advocates argue that the measure was actually a constitutional revision, which can be placed on ballots only by a two-thirds vote of the California Legislature or a state constitutional convention.

The Supreme Court overturned a legislative ban on same-sex marriage in May on grounds that it violated constitutional guarantees of equality.

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