A federal judge agreed and struck down Prop. 8. The 9th Circuit Court of Appeals upheld that decision, but did so on the narrower basis that the voters could not take away marriage rights from gays and lesbians once those rights had been granted.
In December, the Supreme Court voted to hear an appeal from the defenders of Prop. 8, who say the courts should defer to the wishes of the state’s voters.
California’s top officials, including Attorney General Kamala Harris, have joined the case on the side of the gay plaintiffs. In a brief filed earlier this week, Harris noted that more than 50,000 children in California are being raised by same-sex couples.
“California’s interests in protecting all of its children are best served by allowing these same-sex couples to enjoy the same benefits of marriage as opposite-sex couples,” Harris said.
The case will be argued before the court on March 26.
[Updated, 4:50 p.m. Feb. 28: This post has been updated to add details.]