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California AG Opposes Gay Marriage on Grounds of Tradition

By ALM Staff | Law Journal Newsletters |

Lawyers for two Christian legal groups, the Liberty Counsel and the Alliance Defense Fund, were not satisfied with Attorney General Bill Lockyer's first meaty arguments in defense of California's marriage laws. The two groups rushed to the courthouse to try to stop San Francisco's same-sex marriages last winter. They want to be more than amici in the case — they want to take part as parties to the litigation. As amici, the groups would be able to submit written arguments, and perhaps take part in oral argument; however, if they are considered parties, they would be able to argue orally, enter evidence, cross-examine witnesses and participate in strategy

Rena Lindevaldsen, senior litigation counsel for Liberty Counsel, commended Lockyer's summary of case law but added that she did not think the AG was being as zealous as he could be. In his arguments, Lockyer relied heavily on tradition as a justification for limiting marriage to one man and one woman. He avoided any suggestion that families headed by same-sex couples are less stable or less beneficial for children.

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