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Calif. supremes to re-examine same-sex ban

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Published: Dec. 21, 2006 at 3:57 PM

SACRAMENTO, Dec. 21 (UPI) -- The California Supreme Court has agreed to hear arguments debating whether the state's same-sex marriage ban violates the constitution.

The court voted unanimously to begin re-examination of the ban Jan. 19 with an opening brief from proponents of same-sex marriage, which are represented by a legal team including the National Center for Lesbian Rights, Lambda Legal and the American Civil Liberties Union, the Oroville (Calif.) Mercury-Register reported Thursday. Opening briefs from the opponents of same-sex marriage, including the state attorney general's office, will be due 30 days after, and reply briefs will be due 20 days after that.

The re-examination follows an Oct. 5 decision by the state Court of Appeals, which voted 2-1 to overturn a March 2005 ruling that the statutory same-sex marriage ban violate the rights of same-sex couples to equal protection under the law. The appeals court ruled that the definition of marriage was a matter for voters and lawmakers to decide.

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