Both sides in Calif. Prop 8 dispute brace for ruling Tuesday

SAN JOSE, Calif. — Some gay couples might have been anxious Monday, wondering if their marriages would last, all but certain the California Supreme Court on Tuesday morning would preserve Proposition 8, the state's ban on same-sex nuptials. Even the movement's most ardent backers were telling folks not to be too optimistic.

But instead of fretting, Linda Hulberg and Michelle Dana were out in their Morgan Hill backyard with their three kids, planting some perennials and enjoying the sunshine. Instead of wondering whether they might no longer be married, a more pressing question was whether they should fire up the grill.

"The truth is, we've done everything we can do," Hulberg said. "If I stew about it too much, it's not going to do me any good."

All the rest will come Tuesday morning, she said, when they and thousands of gay couples across California finally learn whether they should plan for celebrations — or protests. They won't be alone. Staunch backers of the ban will also be waiting for the court's ruling.

And even with the months of anticipation coming to a head — one more topsy-turvy milestone on a road that's already seen many — advocates on both sides of the issue are already looking ahead to the next fight in what's been a protracted, volatile clash.

"We know what it's likely going to be. I'd put money on what I think it's going to be," said a confident Brad Dacus, an attorney with the Pacific Justice Institute, a religious group supporting the ban. But Tuesday "will be the announcement of the outcome of one battle. And that's it."

At issue in Tuesday's court decision are two questions about Proposition 8, which 52 percent of voters approved in November — just six months after a divided court issued its ground-breaking ruling to allow same-sex nuptials.

The first question is whether the measure amounted to an improper method of amending the state constitution — essentially targeting a minority group by depriving gay couples of the right to marry. The second is what to do with the 18,000 same-sex marriages that took place before Proposition 8 took effect.

Justices heard arguments from both sides in March, appearing reluctant to overturn the will of the voters but also seemingly opposed to canceling any existing marriages.