An outspoken supporter of Prop 8, Reverend Jim Franklin is hoping the judge will uphold the voters decision to ban same sex marriage. "Really, this is not about who's sleeping with who, this is about a state's right to govern itself. That's what's on trial here." He said.
But Action News Legal Analyst Tony Capozzi says it's important to remember that if a state, or it's voters pass a law, it doesn't mean it's right. "Just because the majority voted it in doesn't mean that it meets the constitutional standards of the United States Supreme Court, or the Constitution of the State of California."
Franklin says it's clear whatever the judge decides, this fight is not over. "I think no matter what happens tomorrow this is just the beginning of a long battle."
Any decision will go to the Federal Appeals court, and possibly the U.S. Supreme Court. That's why Equality California is focusing their efforts on 2012. They are hoping to put the question of same sex marriage back on the ballot. Maldonado says they are counting on a change in public attitude.
"We've seen a definite shift in public opinion on marriage equality, and a lot of that has to do with going door to door and sharing our personal stories, humanizing our issues with people that voted yes on Prop 8," said Maldonado.