S.F. asks federal judge to toss Prop. 8
Bob Egelko, Chronicle Staff Writer

Friday, June 19, 2009


(06-19) 15:10 PDT SAN FRANCISCO -- San Francisco has asked a federal judge to overturn California's ban on same-sex marriage, allying the city with a lawsuit that could reach the U.S. Supreme Court.

In papers filed Thursday night in U.S. District Court in San Francisco, City Attorney Dennis Herrera's office argued that Proposition 8 was motivated by hatred of gays and lesbians and violates their constitutional right to be free of discrimination.

Although sponsors of the November ballot measure said they were trying to promote traditional marriage and protect children, "excluding same-sex couples from marriage does nothing to advance those goals," Chief Deputy City Attorney Therese Stewart said in the 49-page brief.

Prop. 8's "real aim (was) harming gays and lesbians and expressing moral disapproval of them," Stewart said.

In arguing to throw out Prop. 8, Stewart cited the Supreme Court's 1996 ruling that struck down Colorado's ban on state and local gay-rights measures and said a law motivated by hostility toward gays and lesbians is unconstitutional.


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