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...legal case that gay-rights activists feared to see is about to get under way in a federal courtroom in San Francisco. For the next several weeks, plaintiffs will argue that the U.S. Constitution forbids states from restricting marriage to one man and one woman. The case has brought together some of the most powerful appellate attorneys in America but has divided gay-rights lawyers and legal scholars who fear that even if successful, the case could set the issue on a collision course with a less-than-sympathetic U.S. Supreme Court...

Author: /time Magazine | Title: A Gay-Marriage Lawsuit Dares to Make Its Case | 1/5/2010 | See Source »

...high court has issued powerfully pro-gay-rights decisions at key points in the past 20 years - including striking down criminal statutes forbidding gay sex six years ago. But it has never voiced a word of enthusiasm for gay marriage. That has left scholars and longtime legal veterans of the gay-rights movement fearing disaster for gay marriage, should the issue be decided by the conservative-leaning Justices. "When I try to count the votes in favor of same-sex marriage on the Supreme Court, I have trouble getting to one," Andrew Koppelman, John Paul Stevens Professor...

Author: /time Magazine | Title: A Gay-Marriage Lawsuit Dares to Make Its Case | 1/5/2010 | See Source »

...downtown San Francisco, and is expected to last two to three weeks. U.S. District Judge Vaughn Walker convenes a hearing Wednesday over whether to take the rare step of allowing the trial to be broadcast, despite strong objections by defenders of Prop 8 - the 2008 voter initiative that ended gay marriage in California. Televised or not, the trial will be the first in federal court to answer the question of whether the U.S. Constitution forbids states like California from restricting marriage to opposite-sex couples...

Author: /time Magazine | Title: A Gay-Marriage Lawsuit Dares to Make Its Case | 1/5/2010 | See Source »

...plaintiffs prevail all the way to the Supreme Court, a decade of election-night wins by groups opposed to gay marriage will be reversed. Voters in more than 30 states have rejected gay marriage. That's what Californians did when they supported Prop 8 in late 2008, reversing a landmark state Supreme Court ruling that not only made gay marriage legal there, but gave gays and lesbians the same broad-based protection against discrimination that racial minorities enjoy. (See the top 10 news stories...

Author: /time Magazine | Title: A Gay-Marriage Lawsuit Dares to Make Its Case | 1/5/2010 | See Source »

...event - without the resources or experience that we can assemble. The State Attorney General has now conceded the unconstitutionality of Prop 8. Finally, no one urging us not to proceed could or would say when would be a good time to bring this case." (Watch TIME's video "Gay Marriage in the Heartland...

Author: /time Magazine | Title: A Gay-Marriage Lawsuit Dares to Make Its Case | 1/5/2010 | See Source »

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