Supreme Court Gay Marriage

The U.S. Supreme Court has finished hearing arguments on California's Proposition 8 ban on gay marriage.

FOX News Radio's Jared Halpern reports from outside the U.S. Supreme Court:

Thousands of demonstrators, most demanding marriage equality for same sex couples, are rallying directly in front of the High Court. Counter-demonstrators across the street. And there's clearly opposing views on the Supreme Court bench. Justices grappling with California's same sex marriage ban. Justice Antonin Scalia at one point asking when denying gays marriage became unconstitutional.  But as the attorney defending Proposition 8 cited traditional marriage as the basis for children, Justice Stephen Breyer countered, then why not prevent elderly or sterile couples from getting married?

At the U.S. Supreme Court, Jared Halpern, FOX News Radio.

LISTEN to the full arguments before the Supreme Court:

Kris Perry, Sandy Stier

Those fighting in opposition to the Proposition 8 ban on gay marriage will rely heavily on a decades-old Supreme Court decision regarding marriage equality.

FOX News Radio's Jessica Rosenthal explains:

One case often referred to is called "Loving v. Virginia."  In 1967, when the Supreme Court called marriage a fundamental right, they struck down bans on interracial marriage.  Attorney Ted Boutros, Jr. represents gay couples in today's case:

(Boutros, Jr.) "The Supreme Court, on due process grounds, said marriage is a fundamental right; It goes to liberty, freedom, dignity of people.  It's one of the most important relationships in life."

But attorney Andy Pugno with those against gay marriage says the reason behind the ruling is key.

(Pugno) "It was never, ever on the minds of these courts when they said marriage is a fundamental right they meant of same-sex couples.  You know, it's just not believable that that's what the courts meant."

Jessica Rosenthal, FOX News Radio.

Supreme Court Gay Marriage By The Numbers

People in one of the country's major gay communities, on edge as both sides of the same-sex marriage debate made their case before the Supreme Court today.

FOX News Radio's Jessica Rosenthal report from West Hollywood, California:

Here in West Hollywood, a man named Gary says he is hopeful the court will tell him he can marry his partner.

(Gary) "I can't imagine that we couldn't, you know, it just doesn't seem right that we couldn't."

David Brooks got married to his partner when it was briefly legal in California, he says his marriage hasn't hurt straight people that he knows of.

(Brooks) "Except maybe they feel some narcissistic injury that now their institution somehow means less to them because gay people can have it too, but that's just, you know, childish."

Children are at the heart of the opponents' argument. They say the state has an interest in limiting marriage to encourage what they call 'responsible procreation'.

In West Hollywood, Jessica Rosenthal, FOX News Radio.

Supreme Court Gay Marriage

The case that was heard before the Supreme Court today is focused solely on California's ban on same-sex marriage, but the outcome could have a big impact on the entire country.

FOX News Radio's Jared Halpern is at the Supreme Court with more on that:

If the Supreme Court rules California's same-sex marriage ban is unconstitutional, what about similar bans in dozens of other states?

(Boise) "You need to establish marriage equality nationally."

Attorney David Boise represents California couple who say Proposition 8 took away their right to marry in the state.

(Boise) "The fact of the matter is the California Supreme Court made up a right in the state Constitution that had never been understood to exist before."

Dr. John Eastman with the National Organization for Marriage argues a ruling establishing a right to same-sex marriage would end any hope for a political solution.

At the U.S. Supreme Court, Jared Halpern, FOX News Radio.

Click HERE to read the full transcript of the Supreme Court  Prop 8 arguments