California court likely to uphold Prop. 8

SACRAMENTO, Calif. — California's Supreme Court will issue a ruling Tuesday that will either uphold Proposition 8, the gay-marriage ban, or overturn it as illegal and unconstitutional.

The much-anticipated 11 a.m. MDT announcement will open a new chapter in the struggle over gay marriage. Court observers say the state's high court is unlikely to invalidate the ban.

Several states have legalized gay marriage since last November, when 52 percent of California voters approved amending the state constitution to define marriage as between only a man and woman.

Gay activists plan to gather outside the court in San Francisco. Gay-marriage opponents may also gather, as they did March 5 when justices heard arguments for and against Proposition 8.

Proposition 8 architects and attorneys plan to hold a news conference at Sacramento's Sheraton Hotel.

"We're confident that the right of the people to protect traditional marriage in the state constitution will ultimately prevail," Andrew Pugno, attorney for Proposition 8 backers, said in a statement Friday.

Kate Kendell, director of the National Center for Lesbian Rights, said in a statement that the court's decision is significant for "all those who care about equality."

Sen. Mark Leno, D-San Francisco, said Friday he is aware many legal analysts suspect the court's majority will uphold Proposition 8.

But the gay-rights leader said he is hopeful the argument that gays have a constitutional right to wed will prevail.

Proposition 8 supporters argue voters have the power to define marriage with a constitutional amendment. Opponents argue the measure violates the rights of a particular group and is a sweeping, illegal revision of the constitution.

Last May the high court overturned a previous ballot measure that banned gay marriage. More than 18,000 couples wed between June and November.

Tuesday's ruling is unlikely to be the final word for same-sex marriage in California.

If the justices uphold Proposition 8, gay rights supporters plan to return to the ballot box in an effort to repeal it next year or in 2012. The state's largest gay rights groups already have started raising money, airing television advertisements and recruiting volunteers.