Dennis Herrera presents S.F.'s argument against Prop. 8 in U.S. Supreme Court brief 

click to enlarge City Attorney Dennis Herrera - COURTESY SF WEEKLY
  • Courtesy SF Weekly
  • City Attorney Dennis Herrera

City Attorney Dennis Herrera filed a brief filed today in the U.S. Supreme Court, claiming that relegating gay couples to a lesser status simply to brand them as different and less worthy than opposite-sex couples is not a legitimate purpos of Proposition 8.

The document, essentially a 62-page consolidation of every legal argument supporting same-sex marriage, is "likely to be San Francisco's final brief advocating for equal marriage rights for lesbian and gay couples," according Herrera's office.

It comes almost exactly a month before the Justices will hear oral arguments over the constitutionality of California's Proposition 8, the 2008 ballot measure that banned same-sex marriage before being ruled unconstitutional by the U.S. Ninth Circuit Court of Appeals last February.

The meat of his position, which effectively serves as the voice of San Francisco for the March 26 proceedings, is that Prop. 8 serves no practical purpose other than to discriminate against same-sex couples by preventing them from attaching the label "marriage" to their relationship, and reaping the accompanying legal and social benefits.

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