Word: prop
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...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...
...chose to go forward. For them, the status quo is already failure. We had every reason to believe that someone was going to bring this case in any 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...
...begin with, Olson and Boies will argue that Prop 8 denies gays the fundamental right to marry, which the California Supreme Court held to be guaranteed. They will have to beat arguments from the other side that point out that no state prevents gays from marrying - like everyone else, they just have to choose a partner of the opposite sex. And they will have to convince Walker that civil unions, which remain legal in California, are not an adequate substitute...
Next the question would be whether banning gay marriage achieves a legitimate government interest - and defenders of Prop 8 included more than a dozen such goals in a preview of their case filed last month. They argue that allowing same-sex marriage would weaken society and erode support for traditional marriage. They also say that it could lead to greater acceptability, and eventually legal recognition, of polygamy and marginalize the role of biological parents...
Defenders of Prop 8 say that laws reserving marriage for heterosexual couples don't discriminate against gays - instead they say they simply emphasize the meaning that the word marriage has had throughout history, a meaning they say wasn't seriously questioned until the past 10 years. "Save for a few brief months between the California Supreme Court's decision ... and the adoption of Proposition 8, California has from its inception always limited marriage to the union of a man and a woman," wrote Charles Cooper, who served in the Reagan Administration's Justice Department with Olson, in his trial brief...