Same-sex marriage was legal in California up until the public voted on Proposition 8 which eliminated the rights of same-sex couples to get married. Recently, Prop 8 has been ruled unconstitutional (it goes against the Equal Protection and Due Process clauses of the 14th Amendment) by Federal Judge Vaughn Walker. On September 13, a hearing will be held in the California State Supreme Court to determine if the people who support Prop 8 have a legal standing to appeal the ruling against Prop 8. The question is, "Do the sponsors of a voter initiative have the right under California law to defend it in court?"
The court pathway of action is being used here by both sides of the same-sex marriage debate. The pro-Prop 8'ers are using it right now to appeal Judge Walker's decision that Prop 8 is unconstitutional. The anti-Prop 8'ers used it to do away with Prop 8 and make same-sex marriage legal again. Both sides are also using the grassroots pathway to gain support for their cause and the elections pathway to elect politicians with the same views as them into office.
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