Prop Ruling

Wednesday, August 4, 2010 - 3:38pm

Judge's decision on legality of California's same-sex marriage ban expected this afternoon.

It is decision day for a federal judge in California, set to issue his ruling on the legality of the state's same-sex marriage ban.

In 2008 love and marriage were put on display by 18,000 same-sex couples who made California history by saying "I do."

Today's court ruling will help determine if gay marriage will be part of the state's future.

"At the end of the day we just want to be married and we want to be seen as equal not only in the eyes the rest of or our friends and family but our fellow constituents in the state of California," says Jeff Zarillo.

Zarrillo and his partner are one of two same-sex couples challenging Proposition 8 in court.

The voter-passed measure defined marriage as something only between a man and woman.

At the heart of the court battle: Is Prop 8's narrow definition of marriage a violation of Constitutional rights of gay and lesbian couples?

And is marriage itself a right?

"What we are hoping that he's going to end up ruling is that what the seven million California voters did was a legitimate public policy decision to define marriage as one man and one woman," says Jordan Lorence of the Alliance Defense Fund.

During closing arguments in June Prop 8 attorneys said gay marriage was about "irresponsible procreation".

The judge called that argument "rationale pulled out of thin air."

Whatever today's ruling, appeals are imminent.

Many believe the US Supreme Court will ultimately make the decision on gay marriage.

It's expected to take a year or two for that to happen.

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