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...first seem awkward - mostly in greeting-card shops - [it] dovetails with the court's important responsibility to reaffirm the unfettered freedom of all faiths to extend the nomenclature of marriage as their traditions allow," wrote Douglas W. Kmiec and Shelley Ross Saxer. Kmiec voted for Prop 8 because of his belief in the teachings of the Catholic Church and his notion of religious liberty but has since said he thinks the courts should not allow one group of Californians to marry while denying the privilege to others...

Author: /time Magazine | Title: A Gay-Marriage Solution: End Marriage? | 3/16/2009 | See Source »

...That line of thinking was exactly what Kenneth Starr, the former Whitewater independent counsel who is now dean of Pepperdine Law School, had in mind when it was his turn to argue against overturning Prop. 8. Starr is serving as counsel to supporters of traditional marriage who received permission to argue on the initiative's behalf when it became clear that Attorney General Jerry Brown would most likely support efforts to strike down Prop. 8. "The issue before this iconic court has to do with the sovereignty of the people of California," Starr said. "We have heard a lot about...

Author: /time Magazine | Title: Gay Marriage: Is California's Supreme Court Shifting? | 3/5/2009 | See Source »

...court can take up to 90 more days to issue its ruling, and questions during oral arguments do not always accurately reflect the thinking of individual justices. But Thursday's three-hour session did indicate that the primary argument advanced against Prop. 8 faces big hurdles in the court. Even the lawyers who are asking the court to declare Prop. 8 invalid because it is more like a constitutional revision - which would require approval by lawmakers as well as by voters - conceded, when asked by the court, that there is essentially no precedent in the court's history that directly...

Author: /time Magazine | Title: Gay Marriage: Is California's Supreme Court Shifting? | 3/5/2009 | See Source »

...hearings did offer hope for the 18,000 or so same-sex couples who have already married. Starr argued that the language in Prop. 8 means that no gay marriages, even those performed when the practice was legal, can be recognized by state authorities. That argument brought a bristling reply from several justices, who said such a ruling would violate basic notions of fairness. Still, such opposition doesn't guarantee that the court won't strike down the existing marriages. Given that three justices voted against gay marriage in the first place, it may be that all Starr needs...

Author: /time Magazine | Title: Gay Marriage: Is California's Supreme Court Shifting? | 3/5/2009 | See Source »

...Read a Q&A with George Takei on Prop...

Author: /time Magazine | Title: Gay Marriage: Is California's Supreme Court Shifting? | 3/5/2009 | See Source »

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