Death, Marriage and the State Supreme Court

Just another typical week at the state's highest court

On Thursday, the seven justices of the California Supreme Court will hear arguments in a case that sparked sadness, anger, even hate among millions of Californians -- Proposition 8.

But by that time they may be looking forward to the change of pace -- because on Tuesday, the court will relive a truly disturbing event -- the kidnapping and murder of Polly Klaas.

It promises to be quite an emotional week inside California's highest court.

Tomorrow the appeals process begins for the man accused of kidnapping and killing Klaas. The twelve-year-old girl was snatched from the bedroom of her Petaluma home in 1993, her body found two weeks later.

Three years later, Richard Allen Davis was convicted and sentenced to die. In California, however, there is an automatic appeal to the state Supreme Court for all death penalty convictions. Even though the case is coming before the court more than a decade after the crime, it marks only the beginning of the appeals available to Davis.

Should this court uphold his conviction, Davis will still be eligible to appeal his case to lower, state courts. The justices will here arguments for one hour and must deliver a written ruling in three months.

On Thursday, Proposition 8 comes before the justices, four months after it came before voters.

A majority of Californians passed Prop 8 in November, and banned same-sex marriage in the state. California voters had once before, in 2000, passed a ballot measure meant to ban gay marriage but the Supreme Court ruled that law unconstitutional in 2008, opening the door for thousands of same-sex couples to legally marry in California. Same-sex marriage opponents responded with Proposition 8, not a new law, but a change to the constitution.

Its passing not only put a stop to new marriages, but put the status of the earlier ones in limbo. Opponents of Prop 8 are bringing three different challenges to the constitutionality of the measure.

After hearing arguments, the court should have a decision in 90 days.

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