Rachel Maddow interviews Dennis Herrera after today’s hearing to determine the fate of Proposition 8.

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.

The Courage Campaign has released a moving new video called “Fidelity”, asking the California Supreme Court not to divorce the 18,000 same-sex couples who were married before the passage of Proposition 8. Leading the effort to invalidate those marriages is Pepperdine University’s Ken Starr. Yes, the same Ken Starr whose investigation eventually led to the impeachment of President Bill Clinton.

Visit the Courage Campaign and send a message to the California Supreme Court asking them to invalidate Prop 8 and reject Ken Starr’s case.