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Constitutionality of marriage debated in S.F.

Jessica Anderson

Issue date: 3/11/08 Section: News
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On one side of the street, signs reading "Re-legalize Sodomy" and "Gay = pervert" could be seen. On the other side, signs read, "Stop ignorance. Being gay is not a choice," and "Your religion is not my government.

The debate over same-sex marriages has come to San Francisco once more.

Protestors and supporters of same-sex marriages flocked to San Francisco on March 4, as the California Supreme Court held a 3 ½ hour session to debate the constitutionality of California's current law defining marriage as the union of a man and a woman.

The hearing brought forth questions in regards to California's Proposition 22, which deems marriage as a union between a man and a woman, and which was passed by voters in 2000.

"No matter what the decision is, we're in a time of transition as far as marriage rights across the country," said Professor Beth Hillman of UC Hastings College of the Law.

The same-sex marriage debate has reigned prominently in California courts since Mayor Gavin Newsom permitted the marriages of more than 4,000 gay and lesbian couples in San Francisco in 2004.

After only one month of issuing these marriage licenses--during which 4,037 were issued for same sex partnerships and only 103 for "traditional" marriages in San Francisco--the State put an end to the marriages.

By August 2004, the marriages had been voided.

Supporters of same-sex marriage tout equality as the backbone of their arguments.

It is still unclear whether current marriage laws discriminate because of sexual orientation. Supporters of same-sex marriage argue that the Court does not uphold laws that discriminate against race or gender, and neither should they uphold those that discriminate against people of a particular sexual orientation.

Those in favor of the current law argued that marriage between a man and a woman is "a cultural tradition older that statehood", and cited the passing of Proposition 22 as the will of the people to define marriage as such.
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