SSM ILL-SUITED FOR KIDS, GROUP SAYS: From the San Francisco Chronicle

An organization defending California's ban on same-sex marriage sought to widen the scope of a court test of the marriage law Thursday by arguing that the purpose of marriage is procreation and that children do best when raised by a husband and wife.

In papers filed in San Francisco Superior Court, the Alliance Defense Fund also contended that if gay and lesbian couples could legally marry, the same rationale could be used to justify incestuous marriages and polygamy.

The definition of marriage as a union between a man and a woman "has transcended religion, culture and time, and is the hallmark of every major civilization,'' wrote attorney Robert Tyler. "No same-sex couple will ever procreate. ... If procreation has nothing to do with marriage, then why should the state refuse to recognize a 'marriage' between two brothers or two sisters?''

The Arizona-based organization represents the Proposition 22 Legal Defense and Education Fund, named for the 2000 ballot measure that reaffirmed the definition of marriage approved by the California Legislature in 1977. The brief was filed two days after voters in 11 other states approved state constitutional amendments banning same-sex marriage.

California's ban, however, is only a statute, not part of its Constitution, which overrides conflicting laws. Suits by the city of San Francisco and 12 same-sex couples argue that the marriage law violates state constitutional rights to be free from discrimination based on sex and sexual orientation, and the right to privacy.

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posted by Eve at 4:26 PM VOTE

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