Prop 8: Supreme Court to consider same-sex marriage ban case Friday (poll)

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The U.S. Supreme Court is slated to decide Friday whether it will hear a case challenging Proposition 8, California’s same-sex marriage ban. The case will be talked about behind closed doors during the high court’s weekly conference meeting.

California’s Supreme Court tossed out the state’s ban on same sex marriage in 2008. Less than four months later, voters passed Proposition 8, and the ban was on again. The issue has been in court ever since.

The Ninth Circuit Court of Appeals ruled that once a state grants the right to same sex marriage, it’s unconstitutional to take it away. The larger legal issue for the Supreme Court is whether the Equal Protection Clause of the 14th Amendment prohibits the state of California from defining marriage as the union of a man and a woman.

It's not the only same sex case being considered by the High Court. And it may not be the first one taken up for oral arguments.

Four of the nine Supreme Court justices must agree to consider California’s same-sex marriage ban for the high court to take up the issue this term.

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