Groups Defend Same-Sex Marriage Ban

SAN FRANCISCO — Conservative groups that oppose same-sex marriage filed legal arguments in San Francisco Superior Court on Thursday defending state laws that limit marriage to heterosexuals.

The filings were made by the Alliance Defense Fund, an Arizona-based Christian legal group representing the Proposition 22 Legal Defense and Education Fund, and the Campaign for California Families.

In their brief, Alliance Defense Fund attorneys argued that the state “has no interest whatsoever in recognizing or extending benefits to other intimate adult relationships.... The arguments in favor of marriage for same-sex couples apply equally to incestuous or polygamous relationships.”

The city and county of San Francisco and a dozen gay and lesbian couples denied the right to marry have challenged state laws that limit marriage to “a man and a woman” as unconstitutional.

The conservative groups have been allowed to intervene in those coordinated cases to defend existing law. They have argued that state Atty. Gen. Bill Lockyer, who supports gay rights, will not defend the laws vigorously enough.

A hearing is scheduled for Dec. 22, and the matter is expected to reach the California Supreme Court within two years.

Lockyer’s lawyers argued in recent briefs that California is committed to providing equal rights and benefits to gays and lesbians through a landmark domestic partner benefits law that will soon go into effect. They argued, however, that the tradition of marriage as a heterosexual union should be preserved.

The filing by the Alliance Defense Fund came two days after voters in 11 states signaled their distaste for same-sex marriage by voting to amend their state constitutions to forbid it.