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| California ruling on gay marriage | California ruling on gay marriage |
| (40 minutes later) | |
| The outcome of the latest battle over gay marriage in the US is set to be decided as California's Supreme Court rules whether to uphold Proposition 8. | The outcome of the latest battle over gay marriage in the US is set to be decided as California's Supreme Court rules whether to uphold Proposition 8. |
| Voters approved the measure restricting marriage to heterosexual couples by a narrow margin last November. | Voters approved the measure restricting marriage to heterosexual couples by a narrow margin last November. |
| But activists lodged a challenge to it, arguing the measure violated the civil rights of gay couples. | But activists lodged a challenge to it, arguing the measure violated the civil rights of gay couples. |
| The issue of same-sex marriage is highly divisive in the state, and the ruling is expected to draw protests. | The issue of same-sex marriage is highly divisive in the state, and the ruling is expected to draw protests. |
| PROPOSITION 8 Only marriage between a man and a woman is valid or recognised in California | PROPOSITION 8 Only marriage between a man and a woman is valid or recognised in California |
| The campaign over November's vote cost more than $80m (£51m) - the most expensive ballot measure on a social issue in US history. | The campaign over November's vote cost more than $80m (£51m) - the most expensive ballot measure on a social issue in US history. |
| The outcome of this court battle will influence whether opponents take their campaign against same-sex marriage to the five states where it is legal, say correspondents. | The outcome of this court battle will influence whether opponents take their campaign against same-sex marriage to the five states where it is legal, say correspondents. |
| 'Minority rights' | 'Minority rights' |
| The seven-judge Supreme Court in San Francisco is expected to deliver its ruling at 1000 local time (1800 GMT). | The seven-judge Supreme Court in San Francisco is expected to deliver its ruling at 1000 local time (1800 GMT). |
| The court will also rule on whether the ban should be retrospectively applied to couples who were married in the period after June 2008, when same-sex marriage was legal. | The court will also rule on whether the ban should be retrospectively applied to couples who were married in the period after June 2008, when same-sex marriage was legal. |
| CALIFORNIA GAY MARRIAGE TIMELINE 2004: San Francisco Mayor Gavin Newsom instructs clerks to begin issuing marriage licenses to same-sex couples - a move annulled by Supreme Court months laterMay 2008: California Supreme Court votes 4-3 to legalise same-sex marriage; introduced in JuneNovember 2008: Californian voters narrowly approve Proposition 8, backed by religious/conservative activists, limiting marriage to heterosexual couples. Rights activists swiftly challenge legality of referendumMarch 2009: Civil rights lawyers argue before Supreme Court that referendum is anti-constitutionalMay 2009: Californian Supreme Court to rule on whether Proposition 8 is constitutional - and whether to outlaw an estimated 18,000 existing gay marriages | CALIFORNIA GAY MARRIAGE TIMELINE 2004: San Francisco Mayor Gavin Newsom instructs clerks to begin issuing marriage licenses to same-sex couples - a move annulled by Supreme Court months laterMay 2008: California Supreme Court votes 4-3 to legalise same-sex marriage; introduced in JuneNovember 2008: Californian voters narrowly approve Proposition 8, backed by religious/conservative activists, limiting marriage to heterosexual couples. Rights activists swiftly challenge legality of referendumMarch 2009: Civil rights lawyers argue before Supreme Court that referendum is anti-constitutionalMay 2009: Californian Supreme Court to rule on whether Proposition 8 is constitutional - and whether to outlaw an estimated 18,000 existing gay marriages |
| Opponents of the ban - which was passed by Californian voters on 4 November, by 52.3% to 47.7% - argue that the rights of a minority should be constitutionally protected and not liable to be voted away by a simply majority. | Opponents of the ban - which was passed by Californian voters on 4 November, by 52.3% to 47.7% - argue that the rights of a minority should be constitutionally protected and not liable to be voted away by a simply majority. |
| "Proposition 8 changes the basic nature of our government from one in which the majority protects the rights of minorities," said Shannon Minter, lead counsel for those seeking to overturn the measure. | "Proposition 8 changes the basic nature of our government from one in which the majority protects the rights of minorities," said Shannon Minter, lead counsel for those seeking to overturn the measure. |
| "It takes away the right to be treated with equal dignity and respect. A simple majority cannot be allowed to take any rights away from a historically protected minority," she said, quoted by AFP news agency. | "It takes away the right to be treated with equal dignity and respect. A simple majority cannot be allowed to take any rights away from a historically protected minority," she said, quoted by AFP news agency. |
| But some judges have indicated they would be extremely reluctant to overrule the will of the people as expressed in the vote, and opponents of gay marriage say they are confident the ruling will go in their favour. | But some judges have indicated they would be extremely reluctant to overrule the will of the people as expressed in the vote, and opponents of gay marriage say they are confident the ruling will go in their favour. |
| The court should not "willy-nilly disregard the will of the people to change the state constitution as they have in the past", said Judge Joyce Kennard, according to AFP. | The court should not "willy-nilly disregard the will of the people to change the state constitution as they have in the past", said Judge Joyce Kennard, according to AFP. |
| Tug of war | Tug of war |
| However, observers also suggest the judges are unlikely to rule that the ban will apply to the estimated 18,000 couples who married before it was imposed. | However, observers also suggest the judges are unlikely to rule that the ban will apply to the estimated 18,000 couples who married before it was imposed. |
| States in which gay marriage is legal are Massachusetts, Connecticut, Maine, Vermont and Iowa | |
| There was no explicit instruction to apply the ban retroactively in the sparse text of the proposition. | There was no explicit instruction to apply the ban retroactively in the sparse text of the proposition. |
| Same-sex marriage is currently legal in five states - Massachusetts, the first state to legalise it in 2004, Connecticut, Maine, Vermont and Iowa - but is always subject to the continuing national tug of war over the issue. | Same-sex marriage is currently legal in five states - Massachusetts, the first state to legalise it in 2004, Connecticut, Maine, Vermont and Iowa - but is always subject to the continuing national tug of war over the issue. |
| Opponents who expect to be emboldened by the decision in California on Tuesday have indicated they may then set their sights on seeing same-sex marriage overturned in Iowa. | Opponents who expect to be emboldened by the decision in California on Tuesday have indicated they may then set their sights on seeing same-sex marriage overturned in Iowa. |
| But supporters of same-sex marriage say that, should the ruling go against them, they will seek to force another referendum in California. | But supporters of same-sex marriage say that, should the ruling go against them, they will seek to force another referendum in California. |
| Like several other states, California allows same-sex couples to enter "domestic partnerships", which afford many of the same rights as marriage. | Like several other states, California allows same-sex couples to enter "domestic partnerships", which afford many of the same rights as marriage. |
| But activists say such partnerships are not equivalent to marriage. | But activists say such partnerships are not equivalent to marriage. |