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.