Same-Sex Marriage Likely Headed to Courts in California

Jerry Brown, the state attorney general, filed a brief saying the matter merited the court’s attention.

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Opponents of same-sex marriage have countered that the initiative may be broad, but it is still legal. "When using the initiative process to amend the Constitution, the people exercise their sovereign power of self-government," Andrew Pugno, the lead attorney for Protect Marriage, wrote in papers filed with the court. "Other courts addressing similar revision/amendment arguments under closely analogous constitutional provisions have rejected them. Proposition 8 is simple, narrow, and targeted to a single issue. It restores the definition of marriage to what it was and always had been prior to May 15, 2008—nothing more. Whatever one's view of the wisdom of Proposition 8, the people of California have spoken, and their will should be respected."

The state's Supreme Court justices may address the matter as early as Wednesday, when they convene for their weekly conference.

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