CALIF. ATTY GENERAL ON SSM: From the San Francisco Chronicle

Attorney General Bill Lockyer defended California's ban on same-sex marriage Friday, arguing that the state is entitled to follow "the deeply rooted and historic understanding of marriage'' while granting gay and lesbian domestic partners most of the rights of spouses.

In a long-awaited filing in San Francisco Superior Court, Lockyer's office disputed arguments by advocates for same-sex couples and the city of San Francisco that state law, which defines marriage as a union between a man and a woman, discriminates on the basis of gender and sexual orientation.

"California agrees that the ability to choose one's own committed life partner is an intimate and important decision,'' wrote Senior Assistant Attorney General Louis Mauro. He cited a state law, scheduled to take effect in January, that expands California's 1999 domestic partner law to include virtually all the rights the state can confer on married couples, including child custody and support, bereavement leave and the equivalent of divorce.

At the same time, Mauro wrote, "The common understanding of marriage as between a man and a woman predates the founding of this state or nation, and is deeply rooted in our history and traditions. ...There simply is no deeply rooted tradition of same-sex marriage in California or in any other state.'' ...

San Francisco City Attorney Dennis Herrera issued a quick rebuttal.

"The state is advancing a separate-but-equal doctrine that would relegate gays and lesbians to second-class status under the law,'' said Matt Dorsey, a spokesman for Herrera. "It further seeks to deny the judiciary its rightful role as the ultimate guardian of civil liberties.'' ...

The brief reflected Lockyer's effort to steer a course between fulfilling his duty to defend state law while maintaining his political stance as a supporter of gay rights, with an eye toward a possible Democratic candidacy for governor in 2006.

He disavowed arguments offered by conservative opponents of same-sex marriage -- that it was harmful to children and destabilizing to society -- saying those views were contrary to California's policy of equal treatment. Lockyer also issued a statement declaring that "committed and loving relationships between two individuals deserve recognition under California law, '' but that changes in the marriage laws should be left to legislators and voters, not the courts.

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posted by Eve at 10:40 PM VOTE

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