The California Supreme Court is currently hearing oral arguments in the most significant case to face the court in many years.  The Court's decision will have major consequences.  The court will hear arguments on consolidated cases which challenge several of California's family law statutes, including prop. 22 which defines marriage as between a man and a woman. 

There have been 50 friend of the court briefs filed on both sides of the case.  Advocates for gay marriage argue that the prop 22 violates the right to privacy under the California Constitution.  This argument did not persuade the California Court of Appeals.  In October 2006 Justice William McGuinness wrote for the Court of Appeal "Courts simply do not have the authority to create new rights, especially when do so involves changing the definition of so fundamental an institution as marriage."

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