Previously many of the gay marriage battles have been fought at the local level, but now the ever hotly debated political issue will now have its day in federal court in California in a case that may have nationwide implications.
Currently only five states recognize same sex marriage while 36 have banned it; at issue in the trial is whether the U.S. Constitution bars states from outlawing same-sex marriage. Specifically, the case turns on Proposition 8, the California referendum voted on by 13 million in November 2008 that barred gay marriage.
In the first three minutes of this video NewsHour special correspondent, Spencer Michaels reports from the San Francisco courthouse, then correspondent Ray Suarez speaks in the studio with reporter Margaret Talbot from the New Yorker.
Quotes
"Stuart and I have been a loving, committed couple for 23 years. We're legally married in the state of California. But we're not just Californians. We're Americans, too. And we will not rest until we have the freedom and liberty that our Constitution promises us in every single state in this great nation." John Lewis, legally married gay man
"Fourteen million people voted on Proposition 8. And to put up one or two or three witnesses and try to characterize all of Prop-8 based on one or two people's opinions is really not representative." Andrew Pugno, general counsel, Protect Marriage
"If the Supreme Court were to rule in favor of Olson and Boies' side, then you would have legalized same-sex marriage throughout the country. That's a big if at this point, but that would be the implication, ultimately." Margaret Talbot, The New Yorker magazine
Warm Up Questions
1. What is gay marriage?
2. What is a civil union?
3. What are civil rights?
Discussion Questions
1. Do you think gay marriage should be legalized? Why or why not?
2. How do you think the issue of gay marriage should be decided? In Washington, D.C.? State by state? In the courts? At the ballot box?
3. [If you watched the full video only] Does it surprise you that Ted Olson is arguing the case? Why?
4. Margaret Talbot says that the lawyers in favor of gay marriage wanted to stay on message, what does that mean?
Additional Resources