Same-sex opponents file lawsuit

SACRAMENTO, CA (KGO) -- Opponents of same-sex marriage are now focusing their attention on the proposed constitutional amendment to un-do the State Supreme Court ruling. It's something California voters will see on the ballot in November.

The opponents are trying a different tactic to try to stop the same-sex marriages. In a lawsuit filed on Monday in Sacramento Superior Court, they claim the marriage forms were illegally changed without due process. Opponents hope to get a hearing this week.

Opponents to same-sex marriage wasted no time. Within minutes of the state's first legal ceremonies, they condemned the marriages. They even filed a statewide injunction to stop the marriages because the state did not hold public hearings to change the marriage license forms.

"Actually calling upon the regulatory process to be followed in changing the marriage forms from 'Bride and Groom' to 'Party A and Party B.' These forms were unlawfully and irrationally altered by the Schwarzenegger Administration," said Randy Thomasson from the Campaign for Children and Families.

Other opponents see no other way to stop the same sex marriages and are concentrating on November. That's when voters will get a chance to overturn the State Supreme Court's recent decision to legalize same-sex marriages.

The ballot initiative is similar to the voter-approved Proposition 22, which defined marriage as between a man and a woman back in 2000, but has much stronger legal standing.

"The only way to have full protection and to make sure the vote of the people actually remains is to put it into the Constitution itself," said Everett Rice from the California Family Council.

Though most opinion polls show voters evenly divided on the issue, a coalition of social conservatives plans to raise about $15 million to try to pass the marriage ban.

Opponents believe the issue will drive more people to the voting booth because the four justices appointed by Republican governors, ignored their voices on Proposition 22.

"They're not really Republicans. They turn around and appoint people who are not strict constructionists and are just imposing their social agenda on the public. And that's not right," said Meredith Turney from the Capitol Resources Institute.

Many of legal experts say, 'If the voters do pass a Constitutional ban on same-sex marriages this November, that the marriages happening between now and Election Day would remain valid.' However the wild card is a new injunction, if it's granted.

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