Prop 8 goes on trial

This Thursday, according to the AP:

SAN FRANCISCO (AP) -- A year after the state Supreme Court entertained arguments on extending marriage to gay couples, many of the same lawyers will be back before the same justices this week arguing why California's voter-appproved ban on same-sex marriage should stand or fall.

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Same-sex marriage supporters are urging the court to overturn Proposition 8 on the grounds that the measure made such a sweeping change to the state constitution that its sponsors lacked the authority to put it on the ballot without approval from the California Legislature. Citizens can petition to put constitutional amendments, but not substantial revisions, directly to voters.

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Legal experts say Proposition 8, which won 52 percent of the vote, would almost certainly stand if not for one notable fact: the marriage amendment represents the first time in California history that the constitution was changed at the ballot box to deprive a protected minority group of a right expressly carved out by the court.

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