2 activists for prop 8 talk about the family being the center of our society while a gay man challenge them. (12-06) 18:10 PST SAN FRANCISCO -- The federal appeals court in the Proposition 8 case hinted Monday at a ruling that would allow gays and lesbians to marry in California while leaving other states' laws intact - a restrained approach seemingly designed to appeal to the US Supreme Court. Lawyers challenging the 2008 initiative urged the Ninth US Circuit Court of Appeals in San Francisco to uphold a federal judge's ruling in August that Prop. 8 violated the US Constitution because its definition of marriage as the union of a man and a woman discriminated on the basis of gender and sexual orientation. But in a nationally televised, 2 1/2-hour hearing, the three-judge appellate panel seemed intent on framing the case more narrowly before it reaches the Supreme Court. Judges Michael Hawkins and Stephen Reinhardt compared the case to a 1996 Supreme Court ruling overturning a Colorado initiative that prohibited local governments from enacting civil rights laws protecting gays and lesbians. Without deciding whether the Constitution banned all anti-gay discrimination, the high court said stripping rights from a minority group, for no apparent reason other than moral disapproval, was unconstitutional. What's different? Hawkins noted that California voters approved Prop. 8 six months after the state Supreme Court ruled that gays and lesbians had the right to marry. "How is ...
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