Plaintiff same sex couple Jeffrey Zarrillo, left, and partner Paul Katami listen in a courtroom during a California State Supreme
A man walks past a group of people protesting against gay marriage outside a courtroom where the California Supreme Court was hear
Christian Nelson, left, of Oakland, Calif., and Jackie Killens, right, of Salinas, Calif., protest against gay marriage outside a
Natalya Choban of Sacramento, Calif., protests against gay marriage outside a courtroom where the California Supreme Court was hea
From left to right, plaintiffs same-sex couples Sandra Stier and partner Kristin Perry, and Jeffrey Zarrillo and partner Paul Kata
From left to right, plaintiffs same-sex couples Sandra Stier and partner Kristin Perry, and Jeffrey Zarrillo and partner Paul Kata
Plaintiff same sex couple Sandra Stier, right, and partner Kristin Perry, right, listen in a courtroom during a California State S
Rob Reiner, actor, director, producer, writer, and political activist, listens in a courtroom during a California State Supreme Co
From left to right, California Supreme Court Justices, Joyce Kennard, Tani Cantil-Sakauye, Marvin Baxter, Ming Chin and Goodwin Li
New California Supreme Court Justice Goodwin Liu speaks to attorney Theodore Olson, partly shown at right, in a courtroom during a
Attorney Theodore Olson speaks in a courtroom during a California State Supreme Court hearing in San Francisco on Tuesday, Sept. 6
Attorney Theodore Olson, left, speaks in a courtroom during a California State Supreme Court hearing in San Francisco on Tuesday,
Charles J. Cooper, lead attorney for proponents of Proposition 8, argues in front of the California State Supreme Court hearing in
Plaintiff same sex couple Jeffrey Zarrillo, left, and partner Paul Katami listen in a courtroom during a California State Supreme Court hearing in San Francisco on Tuesday, Sept. 6, 2011. On Tuesday, the California Supreme Court will be considering whether the sponsors of Proposition 8 have a legal right to appeal the federal court ruling that overturned the same-sex marriage ban, since the governor and attorney general refused to bring such an appeal. The 9th US District Court of Appeals, which has main responsibility for the case on appeal, asked the state court to weigh in on the question it deals with the state's ballot initiative process. (AP Photo/Paul Sakuma)
A man walks past a group of people protesting against gay marriage outside a courtroom where the California Supreme Court was hearing arguments in San Francisco on Tuesday, Sept. 6, 2011. Although the legal challenge to California's same-sex marriage ban always has been assumed to be on track to reach the U.S. Supreme Court, the state's highest court is contemplating an issue that could halt the high-profile case in its tracks. (AP Photo/Eric Risberg)
Christian Nelson, left, of Oakland, Calif., and Jackie Killens, right, of Salinas, Calif., protest against gay marriage outside a courtroom where the California Supreme Court was hearing arguments in San Francisco on Tuesday, Sept. 6, 2011. Although the legal challenge to California's same-sex marriage ban always has been assumed to be on track to reach the U.S. Supreme Court, the state's highest court is contemplating an issue that could halt the high-profile case in its tracks. (AP Photo/Eric Risberg)
Natalya Choban of Sacramento, Calif., protests against gay marriage outside a courtroom where the California Supreme Court was hearing arguments in San Francisco on Tuesday, Sept. 6, 2011. Although the legal challenge to California's same-sex marriage ban always has been assumed to be on track to reach the U.S. Supreme Court, the state's highest court is contemplating an issue that could halt the high-profile case in its tracks. (AP Photo/Eric Risberg)
From left to right, plaintiffs same-sex couples Sandra Stier and partner Kristin Perry, and Jeffrey Zarrillo and partner Paul Katami smile in a courtroom before the California State Supreme Court hearing in San Francisco on Tuesday Sept. 6, 2011. On Tuesday, the California Supreme Court will be considering whether the sponsors of Proposition 8 have a legal right to appeal the federal court ruling that overturned the same-sex marriage ban, since the governor and attorney general refused to bring such an appeal. The 9th US District Court of Appeals, which has main responsibility for the case on appeal, asked the state court to weigh in on the question it deals with the state's ballot initiative process. (AP Photo/Paul Sakuma)
From left to right, plaintiffs same-sex couples Sandra Stier and partner Kristin Perry, and Jeffrey Zarrillo and partner Paul Katami smile in a courtroom before the California State Supreme Court hearing in San Francisco on Tuesday, Sept. 6, 2011. On Tuesday, the California Supreme Court will be considering whether the sponsors of Proposition 8 have a legal right to appeal the federal court ruling that overturned the same-sex marriage ban, since the governor and attorney general refused to bring such an appeal. The 9th US District Court of Appeals, which has main responsibility for the case on appeal, asked the state court to weigh in on the question it deals with the state's ballot initiative process. (AP Photo/Paul Sakuma)
Plaintiff same sex couple Sandra Stier, right, and partner Kristin Perry, right, listen in a courtroom during a California State Supreme Court hearing in San Francisco on Tuesday, Sept. 6, 2011. On Tuesday, the California Supreme Court will be considering whether the sponsors of Proposition 8 have a legal right to appeal the federal court ruling that overturned the same-sex marriage ban, since the governor and attorney general refused to bring such an appeal. The 9th US District Court of Appeals, which has main responsibility for the case on appeal, asked the state court to weigh in on the question it deals with the stateís ballot initiative process. (AP Photo/Paul Sakuma)
Rob Reiner, actor, director, producer, writer, and political activist, listens in a courtroom during a California State Supreme Court hearing in San Francisco on Tuesday, Sept. 6, 2011. On Tuesday, the California Supreme Court will be considering whether the sponsors of Proposition 8 have a legal right to appeal the federal court ruling that overturned the same-sex marriage ban, since the governor and attorney general refused to bring such an appeal. The 9th US District Court of Appeals, which has main responsibility for the case on appeal, asked the state court to weigh in on the question it deals with the state's ballot initiative process. (AP Photo/Paul Sakuma)
From left to right, California Supreme Court Justices, Joyce Kennard, Tani Cantil-Sakauye, Marvin Baxter, Ming Chin and Goodwin Liu, enter a courtroom during a California State Supreme Court hearing in San Francisco on Tuesday, Sept. 6, 2011. On Tuesday, the California Supreme Court will be considering whether the sponsors of Proposition 8 have a legal right to appeal the federal court ruling that overturned the same-sex marriage ban, since the governor and attorney general refused to bring such an appeal. The 9th US District Court of Appeals, which has main responsibility for the case on appeal, asked the state court to weigh in on the question it deals with the state's ballot initiative process. (AP Photo/Paul Sakuma)
New California Supreme Court Justice Goodwin Liu speaks to attorney Theodore Olson, partly shown at right, in a courtroom during a California State Supreme Court hearing in San Francisco, Tuesday, Sept. 6, 2011. On Tuesday, the California Supreme Court will be considering whether the sponsors of Proposition 8 have a legal right to appeal the federal court ruling that overturned the same-sex marriage ban, since the governor and attorney general refused to bring such an appeal. The 9th US District Court of Appeals, which has main responsibility for the case on appeal, asked the state court to weigh in on the question it deals with the state's ballot initiative process. (AP Photo/Paul Sakuma)
Attorney Theodore Olson speaks in a courtroom during a California State Supreme Court hearing in San Francisco on Tuesday, Sept. 6, 2011. On Tuesday, the California Supreme Court will be considering whether the sponsors of Proposition 8 have a legal right to appeal the federal court ruling that overturned the same-sex marriage ban, since the governor and attorney general refused to bring such an appeal. The 9th US District Court of Appeals, which has main responsibility for the case on appeal, asked the state court to weigh in on the question it deals with the state's ballot initiative process. (AP Photo/Paul Sakuma)
Attorney Theodore Olson, left, speaks in a courtroom during a California State Supreme Court hearing in San Francisco on Tuesday, Sept. 6, 2011. On Tuesday, the California Supreme Court will be considering whether the sponsors of Proposition 8 have a legal right to appeal the federal court ruling that overturned the same-sex marriage ban, since the governor and attorney general refused to bring such an appeal. The 9th US District Court of Appeals, which has main responsibility for the case on appeal, asked the state court to weigh in on the question it deals with the state's ballot initiative process. (AP Photo/Paul Sakuma)
Charles J. Cooper, lead attorney for proponents of Proposition 8, argues in front of the California State Supreme Court hearing in San Francisco, Tuesday, Sept. 6, 2011. On Tuesday, the California Supreme Court will be considering whether the sponsors of Proposition 8 have a legal right to appeal the federal court ruling that overturned the same-sex marriage ban, since the governor and attorney general refused to bring such an appeal. The 9th US District Court of Appeals, which has main responsibility for the case on appeal, asked the state court to weigh in on the question it deals with the state's ballot initiative process. (AP Photo/Paul Sakuma)