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OUT IN FAVOR OF IT, A RECORD NUMBER SUPPORTING IT AS WELL, SAN DIEGO WHO SUPPORT IT ARE GEARING
UP FOR THE ARGUMENTS BEFORE THE SUPREME COURT BY LEADING RALLIES HERE AND IN D.C.
I ASKED TWO LOCAL ACTIVISTS ON OPPOSITE SIDES OF THE ISSUE ABOUT THEIR PERSONAL STAKE IN
THE COURT'S DECISION. REVEREND DARRYL KISLEY A MARRIED PASTOR AT
THE CHURCH SUPPORTS SAME SEX MARRIAGE AND WILL LEAD A PRAYER FOR THE JUSTICES ON THE
SUPREME COURT STEPS ON TUESDAY. >> AS A CHRISTIAN I'M IN FAVOR OF TRADITIONAL
MARRIAGE AND BELONG IN A TRADITIONAL MARRIAGE AND MARRIED MYSELF AND BUT IT'S AN AND AS
FAR AS I'M CONCERNED, TRADITIONAL AND SAME SEX MARRIAGE BECAUSE SO MANY PEOPLE I KNOW
IN PARTNERED RELATIONSHIPS ARE LIVING IN A TRADITIONAL MARRIED WAY WITH KIDS AND A HOUSE
AND A DOG AND PAY TAXES AND GO TO BASEBALL GAMES.
FOR ME IT'S NOT AN ISSUE OF EITHER OR. IT'S AN ISSUE OF BOTH AND.
>> REPORTER: CHARLES IS THE PRESIDENT AND CHIEF COUNCIL OF THE FREEDOM OF CONSCIOUS
DEFENSE FUND OPPOSES SAME SEX MARRIAGE AND HE WILL SPEAK ON THE STEPS OF SAN DIEGO'S
FEDERAL COURTHOUSE TOMORROW. >> MARRIAGE IS ABOUT ADULT EMOTIONAL ATTACHMENTS
OR ABOUT CHILDREN? IF YOU TAKE CHILDREN OUT OF THE PICTURE YOU
CAN REDEFINE IT ANY WAY YOU WANT BUT PEOPLE LIKE ME WHO FEEL STRONGLY AND PASSIONATELY
ABOUT PRESERVING TRADITIONAL MARRIAGES BECAUSE MARRIAGE ONLY MAKES SENSE IN THE CONTEXT OF
THE CHILDREN THAT ARE THE PRODUCT OF THAT UNION.
>> REPORTER: AND YOU HAVE CHILDREN. >> I HAVE FIVE KIDS OF MY OWN AS DO MANY PEOPLE.
AND THAT IS WHAT IS BEST FOR THEM AND BEST FOR SOCIETY.
>> REPORTER: NOW IN 2008 YOU WILL REMEMBER CALIFORNIA VOTERS PASSED PROPOSITION 8 BANNING
SAME SEX MARRIAGE WITH 52 PERCENT OF THE VOTE. BUT SEEMS ATTITUDE AMONG POLITICIANS ARE CHANGING.
GLENN SMITH PROFESSOR OF CONSTITUTIONAL LAW AT THE CALIFORNIA WESTERN SCHOOL OF LAW JOINS
ME WITH MORE ON THE LEGAL ASPECTS OF THE SUPREME COURT'S DECISION.
WELCOME BACK, GLENN. >> THANK YOU.
>> REPORTER: SO REMIND US, PROPOSITION 8 WAS PASSED AND HOW DID IT GO FROM BEING PASSED
BY VOTERS HERE TO SUPREME COURT? >> WELL, A GROUP OF SAME SEX COUPLES WHO WANTED
TO BE MARRIED AND COULDN'T AFTER PROP 8 BROUGHT A LAWSUIT IN FEDERAL DISTRICT COURT AND AFTER
DAYS OF TESTIMONY AND ALL THAT, THE FEDERAL JUDGE IN THAT CASE RULED THAT PROP 8 WAS UNCONSTITUTIONAL.
AND IT WENT TO THE 9TH CIRCUIT AND TOOK A SIDE TRIP TO THE CALIFORNIA SUPREME COURT
ABOUT THE QUESTION OF WHETHER PROP 8 PROPONENTS COULD BE PARTIES TO APPEAL AND THE 9TH CIRCUIT
THREW IT OUT ON A NARROW GROUND AND BEING APPEALS TO THE SUPREME COURT AND ARGUED TOMORROW.
>> WHO IS IN FAVOR OF KEEPING THE BAN ON SAME SEX MARRIAGE OR PROP 8?
>> THEY ARE PROPONENTS OF PROP 8, THE PEOPLE WHO BROUGHT THE INITIATIVE TO DECLARE THAT
MARRIAGE WAS ONLY BETWEEN A MAN AND A WOMAN. AND THEY ARE SUPPORTED AS TYPICALLY IN THE
LARGE CASES BE I DOZENS OF FRIENDS OF THE COURT WHO TAKE THE POSITION THAT YOU JUST
HEARD, THAT TRADITIONAL MARRIAGE SHOULD BE OPPOSITE SEX COUPLES.
>> REPORTER: WHAT ABOUT WHO IS ARGUING THE CHIEF PEOPLE TO OVERTURN THIS BAN?
>> THE PARTIES THAT WON BELOW IN THE CALIFORNIA COURTS ARE BEING REPRESENTED BY TWO VERY TOP
FLIGHTS SUPREME COURT ADVOCATES WHO ARGUED BUSH VERSUS GORE AND THE U.S. GOVERNMENT HAS
BEEN GIVEN TEN MINUTES TO ALSO ARGUE AGAINST PROPOSITION 8.
SO THE OBAMA ADMINISTRATION WILL BE ARGUING THAT AGAIN PROP 8 IS UNCONSTITUTIONAL.
>> REPORTER: HE CAME OUT WITH SAME SEX OR SAME SEX SUPPORTING IT.
HOW SUCCESSFUL ARE CHALLENGERS TO STATE LAW WITH THE CURRENT JUSTICES?
>> WELL, IT REALLY DEPENDS ON THE ISSUE. THE CERTAINLY THERE HAVE BEEN A COUPLE OF
MORE PROGAY RIGHTS DECISIONS IN THE LAST DECADE OR SO THAN WE WOULD HAVE EXPECTED FROM THE
SINGLE CASE IN THE LATE 1980S THAT SLAMMED THE DOOR ON SAME SEX RIGHTS.
SO THE COURT HAS BEEN MOVING AS THE SOCIETY HAS BEEN MOVING AS WELL.
BUT WHETHER THE COURT WILL BE WILLING TO TAKE ANY STEP FORWARD AND HOW BIG OF A STEP IS
WHAT IS AT ISSUE IN THE CASES. >> REPORTER: LET'S TALK ABOUT IF THE BAN HAPPENS.
IF THEY UP HOLD IT AND SAY IT CAN CONTINUE, WHAT HAPPENS?
>> PROP 8 CONTINUES AND THEN THERE IS NOTHING THAT THE U.S. CONSTITUTION SAYS THAT WOULD
PREVENT MARRIAGE FROM BEING BETWEEN A MAN AND WOMAN IN CALIFORNIA, IF PEOPLE WANT TO
FIGHT IT THEY NEED TO DO IT POLITICALLY AND OVERTURN IT AND AS YOU KNOW WHAT WE CAN DO
WITH ONE MAJORITY WE CAN UNDO WITH ANOTHER MAJORITY.
>> REPORTER: HOW ABOUT IS IF THE SUPREME COURT RULES THAT, YES, THEY OVERTURN THIS BAN, WILL
THAT HAVE A LARGER IMPLICATIONS AND WHAT HAPPENS THEN?
>> IN CALIFORNIA SOON AFTER THAT DECISION WITH PROPOSITION 8 OUT OF THE WAY WE WOULD
RETURN TO THE OLDER DAYS OF HAVING SAME SEX MARRIAGES AND COUPLES WOULD BEGIN CELEBRATING
SAME SEX MARRIAGES IN CALIFORNIA. THEN THERE IS ALL KINDS OF PERMUTATIONS ON
HOW TO FIGHT IT AND THE U.S. CONSTITUTION FOR BIDS IT.
>> WE ARE OUT OF TIME AND GLENN SMITH THANK YOU SO MUCH.
>> YOU ARE WELCOME.