S.F. to Sue State Over Gay Marriage Ban

[DuctapeFatwa]

After sanctioning more than 2,700 gay marriages in the past week, the city said Thursday it is suing the state of California, challenging its ban on same-sex marriages on constitutional grounds.

City Attorney Dennis Herrera planned to file the suit in the afternoon, said his spokesman, Matt Dorsey.Two judges already 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 unconstitutional two sections of the California Family Code that define marriage as a union between a man and a woman.

City officials want the judge to determine if restricting same-sex couples from marrying violates the equal protection and due process clauses of the California Constitution.

http://apnews.myway.com/article/20040219/D80QIBUO2.html