http://www.kron.com/Global/story.asp?S=1654235&nav=5D7iKwWI
SF To Sue State Over Gay Marriage
Posted: February 19, 2004 at 12:43 p.m.
Updated: February 19, 2004 at 12:47 p.m.
SAN FRANCISCO (AP) -- The city of San Francisco, which has sanctioned
more than 2,800 gay marriages in the last week, prepared Thursday to sue
the state of California and challenge its prohibitions on same-sex
marriages on constitutional grounds.
City Attorney Dennis Herrera planned to file the suit Thursday
afternoon, said his spokesman, Matt Dorsey. A news conference outlining
the suit was planned as well.
Two judges are considering challenges from conservative groups seeking
to halt the marriage spree that began last Thursday. The city's lawsuit
asks that those cases be consolidated into one case.
The city is asking Superior Court Judge James Warren to declare
unconstititional the two sections of the California Family Code that
define marriage as a union between a man and a woman.
"There will be a determination in these lawsuits about whether the
restriction against same- sex couples marrying in California violates
the equal protection and due process clauses" of the California
Constitution, said Jon Davidson, an attorney with the Lambda Legal
Defense and Education Fund.
Davidson said city officials are bringing the suit to counter efforts by
the conservative groups to block the city from issuing any more more
marriage licenses to gay and lesbian couples.
The city wants both cases to be heard by Warren, who on Tuesday gave the
city the choice of ending the same-sex wedding parade or returning to
court in late March to show why the process has not been halted. The
city said it would continue issuing such licenses until forced to stop.
In addition to the state, the city's lawsuit will name as defendants the
Campaign for California Families and the Proposition 22 Legal Defense
and Education Fund, the two groups that are opposing marriage rights for
gay and lesbian couples.
(Copyright 2004 by The Associated Press.
Stoney
"Designated Rascal and Rapscallion
and
SCAMPERMEISTER!"
When in doubt, SCAMPER about!
When things are fair, SCAMPER everywhere!
When things are rough, can't SCAMPER enough!
/end humour alert
alt.atheism military veteran #11
{so much for the 'no atheists in foxholes' rubbish}
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