2 men to ask court for right to marry under Constitution

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2 men to ask court for right to marry under Constitution

Groups deem effort futile, won't back it

By David Kravets
ASSOCIATED PRESS

April 4, 2006

SAN FRANCISCO – Two gay California men will ask a federal appeals court this week to declare they have a right to marry under the U.S. Constitution, but heavyweights in the fight for same-sex marriage are sitting this one out because they think the legal tactic is misguided.

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Lambda, the American Civil Liberties Union and other groups are waging their campaigns in the state courts of California, Iowa, Washington, New Jersey, New York and elsewhere, seeking rulings similar to the one that led to legal gay marriage in Massachusetts. The groups are withholding funding and other support for this case because a U.S. Supreme Court ruling at this juncture is a likely loser given the national consensus against gay marriage, and it's likely to set bad precedent, they say.

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The lawsuit is already one stop short of the Supreme Court – meaning the case could prompt a definitive ruling by the justices as early as next year on whether the 49 states that don't permit same-sex marriage are violating the Constitution.

The conventional wisdom among many same-sex marriage advocates is that gays and lesbians must win the right to marry in several states before asking the Supreme Court to rule on whether the Constitution prohibits laws opposing it.

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http://www.signonsandiego.com/uniontrib/20060404/news_1n4marry.html