Gay couples in California appeal marriage ban

Gay rights advocates Monday asked the California Supreme Court to consider a legal challenge to the state's ban on same-sex marriage.

In briefs filed with the state's high court, various civil rights organizations argued that barring gay couples from marrying violates the California constitution and should be addressed immediately by the justices.

"We certainly hope they'll take it," said Shannon Minter, legal director for the National Center for Lesbian Rights. "Given the importance of the issue, it's likely that they will. I'm very optimistic they will do the right thing for our couples."

A divided state appeals court last month upheld a California law that restricts marriage to a union between a man and a woman, concluding that it is up to voters or the legislature to change the law _ not judges.

The legal battle over gay marriage in California traces back nearly two years, when San Francisco Mayor Gavin Newsom issued marriage licenses to thousands of same-sex couples before the state Supreme Court intervened. The Supreme Court did not rule on the legality of gay marriage, but instead said Newsom overstepped his authority by issuing the licenses.

The Supreme Court then invited a lawsuit challenging the state law, and that case has now reached its docket. In a series of lawsuits filed by San Francisco city officials, same-sex couples and civil rights groups, a San Francisco judge last year found the state ban unconstitutional, but the recent appeals court decision overturned that ruling.

Attorney General Bill Lockyer and gay marriage opponents have defended the California law. Newly-elected Attorney General Jerry Brown will now be responsible for defending the law in court, which he has vowed to do.

The Supreme Court generally decides within 60 days whether to review a case.

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