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Monday, 12:05 a.m.: This is it, folks: the big day for Prop. 8 at the 9th Circuit Court of Appeals. Lawyers for both sides get just two hours to make their cases this morning, and we're going to be on the scene to report about how it goes. Stay tuned for live updates from the media room at the courthouse down by Seventh and Mission.
There's a number of ways that today's arguments could turn out, but it comes down to two questions. The one on most peoples' minds is the big one: Is it unconstitutional to have one set of laws for gay people and another set of laws for straight people? That question's already been answered once, and it boiled down to “yes, obviously.” Today's arguments represent an appeal of that ruling.
But there's another, more complicated issue at play. Because the state of California has refused to defend the marriage ban, a band of anti-same sex marriage crusaders has taken on its defense in court. But that might not be allowed — according to one interpretation of the rules, only the state has permission to defend its own laws.