North County Times wire services

SAN DIEGO - The San Diego City Council agreed Tuesday to join other cities in a so-called "friend-of-the-court" brief asking the California Supreme Court to overturn a prohibition on same-sex marriages.

The panel voted 5-3 in support of the amicus brief, which has already been endorsed by a number of cities, including Los Angeles, San Jose, Long Beach and Oakland.

Council members Tony Young, Brian Maienschein and Kevin Faulconer cast the dissenting votes against joining the brief.

Earlier this month, the City Council deadlocked on the issue.

At the time, Councilwoman Donna Frye said she voted against the proposal because she was concerned about a lack of public notice.

Frye said she supports same-sex marriage, but sought a continuance so that the public had ample opportunity to be heard.

"The question of whether the city of San Diego should file an amicus brief in this particular case currently before the California Supreme Court is not difficult for me to answer," she said. "For me, it simply comes down to a matter of civil rights, specifically equal protection."

At the same time, Frye added that she will "always fight to make sure everybody has their chance to be heard."

Young, Maienschein and Faulconer did not explain at either hearing the reasons for casting their dissenting votes.

Councilwoman Toni Atkins, who is gay, said the ability to marry the person of your choosing is a "fundamental constitutional right."

"Historical injustice is not justification for continuing the practice," Atkins told her colleagues.

Mayor Jerry Sanders has pledged to veto the council's decision to join in the legal brief in support of same-sex marriage.

"He is for civil unions, not for gay marriage," said Fred Sainz, Sanders' spokesman. "He believes that the city's efforts should be centered on fiscal stability and the managerial health of the city."

The council can overturn the veto with a majority vote.

About 100 people on both sides of the issue packed the council chamber.

Opponents argued that the issue of gay marriage was settled with the passage of Proposition 22 in 2000. The measure, which was approved by 61 percent of voters, defines marriage as between a man and a woman only.

"Please remember the state voted already and we voted against homosexual marriage," said Adam Krueger.

Others against joining the brief argued that gay marriage violated their religious beliefs, would lead to a breakdown of the traditional family and would negatively influence children.

Supporters said the issue is simply about civil rights.

"To me, gay and lesbian couples should enjoy all the benefits and responsibilities of civil marriage in our state as a fundamental civil right," said Sen. Christine Kehoe, D-San Diego.

San Francisco City Attorney Dennis J. Herrera attended the Sept. 5 meeting to urge San Diego to join in the request to the Supreme Court. Herrera brought the case in 2004 on behalf of San Francisco.