Barricades are being dropped off by PD in San Francisco’s Castro district and in San Diego for crowd control. Twitter is all aflutter with rumors from multiple sources including SF City Hall and Equality Network which point to the California Supreme Court ruling on Prop 8 this Thursday.

As Joe at Joe.My.God so rightly Points out, does the California Supreme Court realize their ruling could fall on the 30th anniversary of the White Night Riots and just a day before Harvey Milk’s birthday? Definitely a witch’s brew, especially if things go bad…

Today marks the one year anniversary of the California Supreme Court’s decision to overturn the ban on same-sex marriage that had been in place since 2000.

My partner and I were in Sydney on vacation at the time and didn’t realize it had happened until after we got home. And thanks to bad case of vacation hangover, and that we were already domestic partners, we didn’t feel particularly invested in the decision, I’m embarrassed to say.  Sure we were glad the ban had been overturned but we had already decided to wait until 2009 to possibly tie the knot, provided same-sex marriage was legal at the time and that any initiative against it was defeated in the fall.

Over the next month we didn’t discuss or think about the ruling much despite the media frenzy that was  building all around the state in the lead up to 5:oo p.m. on June 16, when the first same-sex weddings were to be performed.

I decided the day before that I wanted to go down to San Francisco City Hall and cover what would most certainly be a circus, as the first gay marriages were sure to bring out the most hateful and bigoted elements of our society, decrying that these marriages were an abomination and would bring about the end days.

After I covered the story, I promptly went home and asked my partner of 8 year to marry me. The weight of the day’s events, both historical and emotional, did not leave me any choice. Fortunately his answer was yes. We exchanged vows 3 months later.

So while not particularly important to us at the time,  May 15, 2008 is now an incredibly important day, as it set in motion the events that allowed me to marry the love of my life. And June 16, thirty days from now, will also be an extraordinarily significant day, not only because it was the day I proposed, but it is the first anniversary of those couples who chose to be  married in that “circus” the very first night.

So it is my sincere hope that the California Supreme Court will soon overturn Prop 8 and grant marriage equality to all Californians, and allow those brave couples to celebrate their first wedding anniversary. And allow us and the thousands that followed that day, to celebrate ours.

Kate Kendell, Executive Director of the National Center for Lesbian Rights (NCLR), expressed hope and optimism this past week that the California Supreme Court would overturn Proposition 8, particularly in light of recent polling and the recent same-sex marriage victories in other states.

From Kendell’s blog:

With its groundbreaking marriage decision a year ago, the California Supreme Court set us on a path that – despite some setbacks – has led to one marriage victory a week in the past month: A first-ever unanimous state supreme court ruling in Iowa; a huge victory in Vermont, where there was strong enough support for marriage equality to override their Governor’s veto; and tremendous movement in the legislatures of New Hampshire and Maine, with similar progress likely in the months ahead in New York and New Jersey. The result has been a profound sea change in public opinion, including my own view of what the next month will bring here in California.

Just this week, a new Washington Post-ABC News poll showed “a sharp shift in public opinion on same-sex marriage. Forty-nine percent said it should be legal for gay people to marry” – an 11 point shift from a similar poll conducted by the Post just three years ago.

I have always believed the California Supreme Court should strike down Prop 8 because the law is so overwhelmingly on our side. But I feared that other factors might result in an adverse decision. That fear has now been replaced by hope as courts and legislatures – as well as public opinion – have moved sharply in our direction. The Court can cement its legacy by overturning Prop 8 and upholding our Constitution’s promise of equal protection. Or it can cause untold pain and hardship to our community and forever undermine the independence of the judiciary and the historic role of the courts in protecting minority rights.

I believe the Court will do the right thing.

In April I heard Kendell speak at an Equality California “looking forward” townhall, where she described what it would take to bring marriage equality back to California. The advice is worth repeating, even in light of recent victories and whether the courts overturn Prop 8 or not.

“Because if the 350,000 people we need to move to our side next time, whether it’s 2010 or whether it’s later, do not sense that we are part of their human family, they are not going to change their vote. So I don’t care how it happens, I don’t care what medium people use, but everyone in this room, has to be uncomfortable—Every. Single. F@cking. Day. Every single day you have to be made uncomfortable, whether it’s a conversation with a cab driver, or the person you drop off your dry-cleaning to, or your neighbor or a family member. If every single day you are made uncomfortable, and butterflies in the stomach, by the conversation that you are having, where you risk your privilege by talking about the reality of your life, we could win in 2010. But that is what it is going to require. And it’s you and every single person you know, that must be willing to have that conversation every single day.”

In the end its more about changing hearts and minds for a lasting victory than any court ruling or vote.

Today the California Supreme Court heard oral arguments on whether to uphold or strike down Proposition 8. As the hearings wore on it became increasing clear the court seems pre-disposed to letting Prop 8 stand, averse to going against the will of the people, no matter how egregious.

While in general valiantly argued, the case brought forward by AG Jerry Brown’s associate, Christopher Krueger, Senior Assistant AG, didn’t do the LGBT community any favors. Krueger seemed ill-prepared, and his arguments based on cases dating back to the 1800s and the concept of “natural law” didn’t impress the judges. At one point one judge tried to withdraw a question due a muddled answer. It seemed to dilute the arguments to overturn Prop 8 up to that point.

Below are couple of highlights from the hearings…

In this instance Ken Starr is asserting that the will of the voters should hold even when stripping away rights, provided they are well-informed and know what they are voting on. But unfortunately this wasn’t the case. A well-organized misinformation campaign orchestrated by the proponents of Prop 8, duped voters into believing gay marriage would be taught in schools, that it would harm their children and families, and make religious institutions vulnerable to lawsuits. All categorically untrue. In the end we had an electorate, many misinformed and misled, strip away the civil rights of a protected minority.

The court however appears reluctant to invalidate the existing 18,000 same-sex marriages as evidenced below.

It’s interesting that Ken Starr makes a point that Prop 8 doesn’t invalidate the marriages, he simply believes that they are made unrecognized and invalid.

Sorry but, WTF is the difference? Associate Justice Carol Corrigan response at the close of the clip is dead on.

The court will rule in 90 days or less. Regardless of the outcome, we should take to the streets, wether in victory, or take demand our civil rights.