Prop 8 Showdown

November 10, 2008 11:52:59 PM PST
The protests against Prop 8 moved to North Fresno. Where those upset with voter approval of the measure to ban same sex marriage made it clear the fight is not over.Janet Lee: I'm the proud mother of a gay child and I find it appalling that anybody would not allow my child to have the same benefits of a relationship that anybody else has.

Tens of thousands have protested throughout the state since the measure was passed by voters in last weeks election. But attorney and ABC 30 Legal Analyst Tony Capozzi believes the vote may have been for nothing, since the State Supreme Court is likely to have final say.

Tony Capozzi: "Just because there's a proposition out there and just because the electorate votes it in, doesn't mean it's going to meet the dictates of either the state constitution or the federal Constitution.

Three cases are now pending before the States High Court. But until they rule the protests are expected to continue. City Hall was the target of earlier protests, where protestors briefly handcuffed themselves to the doors. They were demanding an apology from Mayor Alan Autry, for supporting Prop 8, But Autry said he had nothing to apologize for.

Capozzi says if the State Supreme Court rules Prop 8 violates the U.S. Constitution, then Prop 8 could be dead, because the U.S. Supreme Court may choose not to hear the case, and risk setting a national precedent.

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