Gay Marriage in the Hands of Nine Justices?

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After a California judge overturned the voter-approved Propostion 8 law barring gay marriage, it is still uncertain when, or if, the case will end up at the U.S. Supreme Court.

Many wonder what would the ruling be if the nine High Court justices had to decide on gay marriage.

The Prop 8 case is by no means a slam dunk. The Court could refuse to hear it if the 9th U.S. Circuit Court reverses Judge Vaughn Walker's ruling, or if Californians hold another vote on the issue that overturns Prop 8.

However, if the case does make it to the nation's highest court, opinion is divided as to how it might rule.

"The will of the voters is normally the way that laws are enacted, and what they're doing is saying that this is an illegitimate one," Prop 8 Defense Attorney Jordan Lorence, with the Alliance Defense Fund, said.

If the Supreme Court justices were to support gay marriage, they'd have to override the votes of 7 million Californians who supported Prop 8.

They'd also have to ignore the wishes of voters in 31 states that have voted for traditional marriage. Generally, the Court is known to be careful about getting ahead of public opinion.

Maggie Gallagher, with the National Organization for Marriage, said that's what makes this fall's mid-term's so critical.

Maggie Gallagher, president of the National Organization for Marriage, appeared CBN News's Morning program to talk more about the court's decision. Click here to watch that interview.

"This election is going to be very important. The Supreme Court reads election returns, so in 2010 and 2012 we have the chance to take back territory in New Hampshire and to elect pro-marriage politicians," Gallagher said.

Many believe that Justice Anthony Kennedy could play a key role in shaping any final decision.

"It's been Justice Anthony Kennedy at the center of the sharply polarized 4-4 court who's consistently been a very strong voice on gay rights, but he's been careful to say this doesn't mean I'm for gay marriage by the way," Dahlia Lithwick, legal correspondent for Slate Magazine, said.

There's renewed talk as well about a federal marriage amendment. Traditional marriage supporters said it's needed now, more than ever.

Bishop Harry Jackson, senior pastor of Hope Christian Church in Washington, D.C., spoke more about America's fight for the future of traditional marriage, on Thursday's CBN Newswatch program. To hear his comments, check after 5 p.m. ET, or check your local listings for show times.

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CBN News
Heather Sells

Heather Sells

CBN News Reporter

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