Court appears skeptical of State's objections
to Same-Sex marriage
Justices Joanne Parilly, William McGuinness and J. Anthony Kline
preside over the State of California's bid to overturn a lower
that found a constitutional right to same-sex marriage.
By Jeff Shuttleworth, Bay City News Service
July 10, 2006
SAN FRANCISCO (BCN) - A three-judge panel of the state
Court of Appeal expressed skepticism today over the state's bid
to overturn a lower court ruling that found a constitutional right
to same-sex marriage in California.
At the beginning of a packed and closely watched hearing that
could take as long as six hours, the three judges subjected California
Supervising Deputy Attorney General Christopher Krueger to a series
of harsh questions.
Krueger and the state are appealing a decision in which San Francisco
Superior Court Judge Richard Kramer last year struck down California
laws requiring marriage to be between a man and a woman. Kramer
said the laws violated the state Constitution's guarantee of equal
Deputy Attorney General Christopher Krueger
Justice J. Anthony Kline told Krueger that the state seems to
be arguing that there should be "two kinds of marriage in
California" and there should be "a second-class marriage"
for gays and lesbians.
Justice J. Anthony Kline
Justice Joanne Parilly suggested, "Perhaps it's time for
the state to get out of the marriage business altogether."
Justice Joanne Parilly
And Justice William McGuinness asked Krueger if there is rational
basis for not extending the right to marry to gay and lesbian
Justice William McGuinness
Therese Stewart, representing the city and county of San Francisco,
which wants the state's marriage laws to be changed, told the
court that barring same-sex couples from marrying "demeans
gay men and lesbians."
Attorney Therese Stewart
The appellate court is expected to issue a ruling in October
on the six cases it is hearing arguments on today.
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