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Gay rights supporters file 3 lawsuits against Prop. 8

Lawyers for same-sex couples argue that the anti-gay marriage measure is an illegal constitutional revision.

November 06, 2008|Maura Dolan and Tami Abdollah, Dolan and Abdollah are Times staff writers.

The first action was filed by the ACLU, the National Center for Lesbian Rights and Lambda Legal. Santa Clara County and the cities of San Francisco and Los Angeles also sued, and Los Angeles lawyer Gloria Allred filed a third suit on behalf of a married lesbian couple.

All the lawsuits cited the constitutional revision argument, and two of them asked the court to block Proposition 8 from taking effect while the legal cases were pending.


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"The court must hold that California may not issue licenses to non-gay couples because if it does it would be violating the equal protection clause," Allred said at a news conference.

A California Supreme Court spokeswoman said the court would act "as quickly as possible" on the challenges.

Other lawsuits could follow, but gay rights groups have called on supporters not to file cases in federal court. They fear that a loss at the U.S. Supreme Court could set back the marriage movement decades.

"We think it is early to go into federal court and ask federal courts to say we have a federal right to marry," Pizer said.

In addition to going to court, gay rights advocates sought to assure about 18,000 same-sex couples that their marriages will remain valid.

The groups cited comments by Atty. Gen. Jerry Brown, who has said the initiative was not retroactive. If the marriages are challenged in court, that case too would go to the California Supreme Court. Experts differ on whether the law would protect the marriages.

The California Supreme Court voted 4 to 3 on May 15 that a state ban on same-sex marriage was unconstitutional. The ruling also elevated sexual orientation to the constitutional status of race and gender, an elevation that provides strong legal protection from discrimination.

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maura.dolan@latimes.com

tami.abdollah@latimes.com

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