California high court hears arguments on gay marriage

A year-long battle over whether California must recognise married gay and lesbian couples' unions - even if a majority of voters disapprove - comes to a head today, as the state's supreme court hears arguments on the validity of a voter-approved ban of same-sex marriage

Today's arguments centre on whether "proposition 8", an amendment passed in November, may excise from the constitution a right to wed previously recognised by the court. If the court declares proposition 8 valid, it will rule on how the law handles about 18,000 same-sex couples who married in the months before their marriage rights were revoked.

The proposition 8 sponsors are represented in the court battle by Kenneth Starr, the conservative special prosecutor who investigated former president Bill Clinton during the Whitewater and Monica Lewinsky affairs.

Along with abortion, same-sex marriage is one of the hottest cultural issues in America, with conservatives who oppose claiming to defend "traditional marriage" and with supporters arguing that same-sex couples should not be denied the myriad legal, financial, social and psychological benefits afforded heterosexual couples who wed.

California is seen by both sides as a bellwether on the issue because it's a large state that frequently sets cultural and political trends soon followed by the rest of the US. Regardless of how the court rules, California same-sex couples will retain "civil union" rights that are identical to those of married couples.

Hundreds of protesters on both sides today gathered outside the courthouse in the state capital of Sacrameto, watching the proceedings on large-screen television sets.

In May, the California supreme court, finding no legally justifiable reason to withhold the right, ruled that the state constitution grants marriage rights to same-sex couples. The decision overturned a state statute approved by voters, leading to conservative arguments that that the court overrode popular will.

An estimated 18,000 couples wed in the months that followed, though opponents vowed to push for a constitutional amendment to overturn the court ruling. On election day, as America celebrated Barack Obama's victory, California gay marriage supporters mourned as the voters approved 52% to 48% a constitutional amendment that expressly removed the right.
The California supreme court will issue a decision within 90 days.