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S.D. Council Votes to Support Gay Marriage in California

San Diego City Council says "I do" to gay marriage. Councilmembers voted 5-to-3 Tuesday to join a fight for legalizing gay marriage in California. Mayor Jerry Sanders says he'll veto the measure. KPBS

S.D. Council Votes to Support Gay Marriage in California

San Diego City Council says "I do" to gay marriage. Councilmembers voted 5-to-3 to join a fight for legalizing gay marriage in the state. However, just like the governor, Mayor Sanders says he'll veto that measure. KPBS reporter Andrew Phelps has details.

San Diego would join Los Angeles, Oakland and Berkeley in a friend-of-the-court brief that supports same-sex marriage. Gay couples in California are bringing a class-action suit to the state supreme court.

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The majority of Californians spoke out against gay marriage with Proposition 22 in 2000. But supporters -- including San Diego Councilwoman Toni Atkins -- say the Constitution protects the minority.

Atkins: We do not vote on whether or not a particular group is entitled to fundamental Constitutional rights. If we did, many of the things we now take for granted -- such as the abolition of slavery, women's right to vote, the freedom to belong to any religion one chooses -- might not exist today.

Councilmembers Ben Hueso, Scott Peters, Jim Madaffer and Donna Frye joined Atkins in the "yes" vote. Two weeks ago, Frye killed the measure because she wanted to give the public more time to weigh in.

Councilmembers Brian Maienschein, Tony Young and Kevin Faulconer voted against the measure. All three were silent at the council meeting.

We called Fred Sainz, the mayor's spokesman. He says the mayor will veto the gay-marriage measure.

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Sainz: He is opposed to the concept of gay marriage. He supports domestic partnerships and civil unions. More importantly, he also does not think that the city council should be spending time on this issue.

Phelps: Is there a way I could reach him on the phone -- Mayor Sanders himself -- to talk about this?

Sainz: No.

The council has the five votes it needs to override the mayor's veto. But that would have to happen before the deadline next Monday.

Andrew Phelps, KPBS News.