California AG Opposes Gay Marriage on Grounds of Tradition

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.

Lindevaldsen thought the attorney general should have moved to strike several declarations from same-sex couples about why they want the marriages, which were submitted earlier by lawyers for the city of San Francisco. “It's not about whether you need these rights, it's about does the law require the state to give these rights,” she said. She and Robert Tyler of the Alliance Defense Fund also contend that Lockyer should have countered with evidence explaining what they say are societal benefits to limiting marriage to heterosexual couples. In papers submitted in a separate case before the state supreme court this year, Tyler's Arizona-based group argued that “the state has a compelling interest in fostering relationships that stabilize society and provide an ideal environment for raising the next generation.”