Prop 8 Arguments Heard Before Appellate Court

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The fate of Proposition 8, California's ban on same-sex marriage, will now be decided by three judges at the 9th U.S. Circuit Court of Appeals. It's a case with national implications and many legal observers believe it will end up at the U.S. Supreme Court.

The federal appeals court must decide if it will uphold a district judge's ruling that the voter-approved 2008 ban on same sex marriage in the Golden State is unconstitutional.

Maggie Gallagher, chairman of the board for the National Organization for Marriage, discussed the significance of of the case on the Dec. 7 edition of CBN Newschannel's Morning News.

Click play to watch the interview.

Charles Cooper, the attorney representing the proponents of Proposition 8, found himself fighting an uphill battle when he tried to make the argument that children are better off raised by a mother and a father.

"That sounds like a good argument for prohibiting divorce," Judge Stephen Reinhardt said. "But how does it relate to having two males or two females marry each other?"

The judges must also decide if Prop 8's sponsors even have the legal right to argue the case, since California's attorney general has refused to do so.

More than 40 states have already banned gay marriage, but this legal challenge could shape the future of those laws and the nation, if the Supreme Court decides to review the appellate court decision.

"My hope is that the case will ultimately be dismissed so that there's no ultimate finding by the court of appeals," said Matt Staver, founder of Liberty Counsel. "I would not want this kind of record to go to the U.S. Supreme Court. It's not the best kind of record. In fact, it's probably a record that should not be up on appeal."

There is no official word on when the three judge panel will issue their ruling. Legal experts have said it could take as long as year before any decision is announced.

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CBN News
Efrem Graham

Efrem Graham

News Anchor & Reporter

Efrem Graham is an award-winning journalist, who comes to CBN News from the ABC owned and operated station in Toledo, Ohio.  He received his master's degree from the Columbia University Journalism School. He also holds a bachelor's degree in English Literature from the Richard Stockton College of New Jersey.  Follow Efrem on Twitter @EfremGraham and "like" him at