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Proposition 8: Should a judge or voters decide gay marriage rights?

A San Francisco judge rules today on California's controversial Proposition 8, which amended the state constitution to define marriage as between a man and woman.

August 4, 2010


Regardless of how a federal judge rules today on California's Proposition 8, both sides are expected to appeal.

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The case could set up an eventual ruling on gay marriage by the U.S. Supreme Court. Proposition 8 itself was a grass-roots effort to overturn a California Supreme Court ruling that invalidated a previously approved state initiative that outlawed gay marriage.

In a democratic republic, who should decide such crucial questions as who has the right to marry? Are such questions best answered by judges, or by voters?

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