Tuesday, May 20, 2008

California gay-marriage fight could propel issue to U.S. Supreme Court

By Howard Mintz, Mercury News

It was 1964. Conservative groups across California, angered by a new law aimed at discriminatory housing practices, mobilized to wipe the law off the books by amending the state constitution.

The initiative was a hit at the ballot box. Two-thirds of the state's voters approved the change in the constitution. But the new law didn't stick - both the California Supreme Court and the U.S. Supreme Court struck it down, finding that it violated federal equal protection rights.

More than four decades later, that scenario could unfold again in California. This time, however, the issue is gay marriage, and California - because of its situation - may end up being the battleground that ultimately propels this modern day civil rights battle into the U.S. Supreme Court.

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