San Francisco Asks Fed Judge to Overturn Prop 8

(CN) - San Francisco asked a federal judge to overturn California's ban on same-sex marriage to "reflect the fundamental values of San Francisco ... that lesbian and gay citizens and their families are entitled to be treated as fully equal to all other citizens."

The 46-page brief was filed in support of two married homosexual couples who filed a federal complaint four days before the California Supreme Court ruled 6-1 that voters could amend the state's Constitution to define marriage as a union between a man and a woman. That decision came a year after the same court ruled that gay couples have the right to marry.

In her brief, Deputy City Attorney Therese Stewart cited the Supreme Court's ruling in 1996 that struck down Colorado's ban on state and local gay-rights measures, and argued that Proposition 8 violates the constitutional rights of homosexuals. She also said the November measure fails to protect marriage as sponsors claimed.

"Feelings of antipathy or discomfort toward a group of people - no matter how deeply felt or widely held - are not a legitimate purpose for singling that group out for unequal treatment by the law."

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