March 04, 2009

Rallies and campouts planned for same-sex marriage arguments

By Brent Begin
Examiner Staff Writer 3/2/09

SAN FRANCISCO – Not all the action surrounding Thursday’s oral arguments for and against same-sex marriage will occur inside the courtroom. Several groups have organized rallies in San Francisco and through the state.

The largest same-sex marriage advocacy groups — including Equality California, which is the only advocacy group arguing against Prop. 8 on Thursday, and the Human Rights Campaign — have banded together for a vigil across the state on the evening before the case is heard.

Called the “Eve of Justice,” the vigil is planned for 18 cities across California, from Fresno to West Hollywood.

In San Francisco, supporters of same-sex marriage are gathering at Market and Castro streets at 5 p.m. for a march that will end at the state Supreme Court building for a vigil, “recommitment ceremony” and a moment of silence.

After the vigil, at least one group, One Struggle One Fight, is planning to camp on the grass outside the court. On Thursday, the trial will be broadcast on a large television at the Civic Center.

Backers of Prop. 8, Protect Marriage, have not publicized any action of their own for the arguments. The Catholic and Mormon churches were instrumental in organizing support for the ban on same-sex marriage.

Prop. 8’s big day

WHAT: The California Supreme Court will hold three hours of oral arguments from 9 a.m. to noon Thursday on three lawsuits seeking to overturn Proposition 8,the ballot measure that amended the state constitution to reinstate the ban on same-sex marriage.

Three issues will be argued:

* Whether Prop. 8 is an amendment to the state constitution or a revision to the constitution. An amendment requires signatures to get on the ballot, a revision requires two-thirds approval of the Legislature. Prop. 8 was put on the ballot with signatures.
* If Prop. 8 is not unconstitutional, will same-sex marriages that occurred before it passed remain valid?
* Whether Prop. 8 violates separation of powers because it limits the courts from protecting the rights of a minority group against the will of the majority.

Who is involved:

* Lawyers representing same-sex couples and a group of local governments led by The City will have 90 minutes to present arguments. They are Shannon Minter, legal director of the National Center for Lesbian Rights; Chief Deputy S.F. City Attorney Therese Stewart; and Michael Maroko, partner of L.A. lawyer Gloria Allred.
* Sponsors of Prop. 8 will have an hour. They are represented by Pepperdine Law School Dean Kenneth Starr.
* California Attorney General Jerry Brown has declined to defend the initiative. Deputy Attorney General Christopher Krueger will have half an hour to explain the state’s position.

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