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Gay marriage's future in California
November 30th, 2012
01:20 PM ET

Gay marriage's future in California

By Jonathan Binder, CNN

(CNN) – The legal battle over same-sex marriage still rages on in California. But a resolution could come soon as the U.S. Supreme Court is expected to decide whether to weigh in on California’s Proposition 8. That legislation aims to amend the state's Constitution to ban same-sex marriage.

The high court will be considering several petitions dealing with the issue, including Prop 8. The justices could review a lower court ruling declaring the state's ban on same-sex marriage unconstitutional.

[2:51] "If they don't take Proposition 8 for review, then the 9th circuit's decision stands, and the 9th circuit found Proposition 8 to be unconstitutional," says In Session Correspondent Beth Karas.

The American Foundation for Equal Rights is the group that challenged Prop 8 in court.  The group's Executive Director Adam Umhoefer says this issue goes way beyond California:

[1:12] "Proposition 8 violates the Federal Constitution – this is not about the California state law. Many, many times the Supreme Court looked at marriage and said you can't deny someone this."

Peter Sprigg from the Family Research Council, a group that supports Proposition 8, says it's not about denying anyone the right to get married. However, the issue lies in the definition of marriage:

[1:43] "There is a distinction based on gender complementarity. There is a distinction based on the type of couple where opposite sex couples have the opportunity to marry and same sex couple do not."

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