Then Judge Stephen Reinhardt questioned attorney Robert Tyler , who represented Vargas , about how a deputy clerk , instead of the clerk , could have legal standing in the appeal . NEW : Judges ask tough voters to side with same - sex marriage . A panel of judges will hear arguments over whether the amendment is constitutional . A lengthy legal battle began after voters approved Proposition 8 . A federal judge 's earlier ruling says the proposition violates the Constitution .
NEW : Judges ask tough voters to side with same - sex marriage . A panel of judges will hear arguments over whether the amendment is constitutional . A lengthy legal battle began after voters approved Proposition 8 . A federal judge 's earlier ruling says the proposition violates the Constitution .