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情況看來不妙......。因為，State justices appear unwilling to overturn the gay-marriage ban but suggest that pre-vote weddings are valid.

以下轉貼自《洛杉磯時報》：

Reporting from San Francisco -- The California Supreme Court strongly indicated Thursday it would rule that Proposition 8 validly abolished the right for gays to marry but would allow same-sex couples who wed before the November election to remain legally married.

The long-awaited hearing, which came as dueling demonstrators chanted and carried banners outside, was a disappointment for gay rights lawyers.

法院得在90天內做出如下決定：First, whether Prop 8, which eliminated the right to same-sex marriage, should be upheld or overturned. And second, whether the 18,000 same-sex marriages that already took place should remain valid.

--- 但結果可能會像《洛杉磯時報》的臆測：Prop.8有效，在Prop.8以前結婚的同志婚姻也有效。不過，嚴格來說，目前也無法判定結果如何。

關鍵問題則是：

It comes down to two words, really — amend and revise. The court needs to decide whether Prop 8 amends the constitution or revises it. The difference? A revision is a fundamental change that no ballot proposition can pass. It requires support from two-thirds of the state legislature and a follow-up majority vote by the people. Because same-sex marriage was deemed an "inalienable right" by the court last year, gay-rights proponents see it as a revision. On the other hand, an amendment is a routine change that simply requires a majority vote, like Prop 8 got with its 52 percent, and no legislative approval.

（見：http://www.citizensugar.com/2893327）

換句話說，爭議一是Prop.8比較像是constitutional revision，而修憲應該涉及立法者，不應該只是投票決定。

另一大爭議是在法政哲學層次，亦即可被解讀為："the inalienable right to marry" vs. "the right of the people to change their constitution" 兩種權利的攻防戰。

 "You would have us choose between these two rights: the inalienable right to marry and the right of the people to change their constitution," said Justice Joyce L. Kennard, one of those two key judges. "You ask us to willy-nilly disregard the right of the people to change the constitution of the state of California. But all political power is inherent in the people of California."

詳細請見Time. mobile：Gay Marriage: Is California's Supreme Court Shifting?