SF City Attorney Files Amicus Brief On Behalf Of Federal Marriage Suit

San Francisco City Attorney Dennis Herrera has filed the first amicus brief in support of Ted Olson and David Boies' federal marriage suit.

"The constitutional challenge to Proposition 8 in federal court persuasively argues that the measure's only conceivable purpose was to withhold honor and respect from the relationships of same-sex couples, and to do so to them alone," Herrera said. "This kind of discrimination against lesbians and gay men as a class has been remedied before in our federal jurisprudence -- in Romer v. Evans, in Lawrence v. Texas, and in other cases. The plaintiffs here make a compelling case for the federal courts to ensure that justice is done in California, and I am pleased to offer San Francisco's expertise to support their efforts." Herrera's brief additionally supports the plaintiffs' motion for a preliminary injunction, which if granted would immediately require local governments in California to resume issuing civil marriage licenses to same-sex couples.

Two days ago California Attorney General Jerry Brown said that Prop 8 be kept legal until the federal suit is resolved.