The San Francisco judge hearing the constitutionality
The San Francisco judge hearing the constitutionality of the ban on California, Wednesday marriage of same sex must be secured by competing claims of tradition, history, prejudice and equal rights.
Superior Court Judge Richard Kramer must also try to bring the political basis of a State, when it comes to gay rights, was a series of contradictions.
Kramer heard arguments in an oral hearing from Wednesday morning if the law that defines marriage as a union between a man and a woman wounded anti-discrimination and privacy rules of the Constitution of the State.
The judge did not see his views, but said he hoped that the decision on the appeal on the basis of legal arguments, without evidence to weigh on the potential effects of same-sex marriage in society. That has not stopped two conservative groups are asking Kramer to consider authorities claim that children and families would suffer if gays and lesbians could mi.
The hearing will take place 10 months after Mayor Gavin Newsom’s, which enables nearly 4000 same-sex couples to marry at San Francisco City Hall. The Supreme Court of the State arrested by the success of a month and invalidated in August, stopping Newsom had exceeded his authority.
The judgement is not the constitutionality of legal marriage, a problem that is likely to be his way of working with Kramer’s Court returns to high court of the state within one year.
The dispute has reached the national stage before the adoption of Newsom - Massachusetts’ highest court had no more than marriage the law of the State, a step beyond previous rulings in Hawaii and Vermont, and the president Bush recalled the support of the constitutional amendment banning same-sex marriage would be the country.
But as the first city in the USA invite same-sex couples to marry, San Francisco, the reality at home - or threat - a new form of family relationship with millions of Americans. The highly visible City Hall weddings, and San Francisco’s libertine reputation that helped fuel the successful campaigns of anti-gay marriage in 11 states of changes in the last month, including Ohio, where the rate of participation in elections can be tilted decisive action, countries Bush.
If Kramer, or later, the Court of Appeals overturns the California law of the opponent of same-sex marriage have shown that they return to the ballot with a change of constitution. That is what happened in Oregon, where a judge of the Court of Justice finds that the state marriage law discriminatory was nullified by the voters on November 2.
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