California's top court seems split on gay marriage

By Adam Tanner

SAN FRANCISCO (Reuters) - The California Supreme Court appeared divided on Tuesday over whether to allow gay marriage during nearly four hours of oral arguments on the contentious issue that could impact gay rights nationwide.

Several of the seven judges asked whether the state legislature might better decide whether matrimony should be limited to a man and a woman, while others pointed to how the same court ended the state ban on marriages between blacks and whites after World War Two.

"I think it's going to be a divided opinion but I wouldn't want to predict who will win," Christopher Krueger, a lawyer representing the state attorney general who presented arguments before the judges, told Reuters.

The hearing brought into focus the highest-profile U.S. fight over gay rights in recent years and the outcome could influence legislation and lawsuits in other states on what has been a hot-button issue in recent election campaigns.

"California's a bellwether state. What happens here, blows east," Larry Bowler, a retired deputy sheriff from Sacramento who opposes gay marriage, said outside the courthouse.

Expecting heated disagreement over a case in which constitutional questions are at stake, the state's top court scheduled a three-hour session, making a rare exception to its one-hour limit on oral arguments. But the marathon hearing lasted three hours and 40 minutes, and several court officials said it was the longest such session they could remember.

"Same-sex couples come here today to praise marriage, not to bury it," said Shannon Minter, a lawyer for clients who favor gay marriage.

NINETY DAYS TO DECIDE