If CA bans same-sex marriage, can my husband and I sue the state?

We were married by a Los Angeles County judge, in 1986. If California says that marriages performed in that state are legitimate only if they conform to a religious definition of marriage, I must go on record that we did not agree to such a standard when we married. And it means either that our marriage is not valid or that a religious rite was performed on my husband and me, without our consent and against our will.

If there is any way to pursue this through the ACLU, we are willing to allow our marriage to be the subject of a case against California for having perpetrated the above-referenced coercive action upon us.

Help me out here. Could this work?

:shrug:

http://www.mercurynews.com/mld/mercurynews/news/breaking_news/14718749.htm

Appeals court to hear California same-sex marriage case
Associated Press
SAN FRANCISCO - Whether it is unlawful to deny gays and lesbians the right to marry in California will be the subject of oral arguments before the 1st District Court of Appeal on July 10.

The court is reviewing a lower decision from a year ago that said it was discriminatory only to allow marriages between a man and a woman.

The case is an outgrowth of action by San Francisco Mayor Gavin Newsom, who in 2004 issued marriage licenses to same-sex couples. The California Supreme Court nullified those marriages, saying the mayor did not have the authority to change state law.

So gays and lesbians sued for that right, which is the subject of the appellate court hearings.

-snip-

If marriage by law states that it must conform to a religious definition, which religion?

Islam as it is practiced in the Middle East allows a man to have four wives, but a woman can't have more than one husband. Presumably, the other wives are also her wives. Oh and by the way, is it Sunni or Shiite?

Dobson-style Evangelical? Bush would appreciate that.

Lutheran? Which synod? ELCA? WELS?

Judaism? Which kind. Conservative, Reform, Orthodox, Messianic, Hassidic?

Perhaps Hinduism will appeal. Hindu Vedas tell a story of one woman and five husbands, all brothers. I assume the husbands are also married to each other as well as to the wife.

Catholicism? No marrying if you've been divorced and you didn't get it annulled by the Church. If Father didn't bless the divorce, he won't bless the remarriage and you're committing bigamy. I almost forgot to ask: Opus Dei or mainstream? (I'm embarrassed not to know the proper term for what I'm calling mainstream. My family is Catholic, I attended a Catholic HS and I should know this. I also never heard of Opus Dei before the 21st Century.)

Dianetics? Even though it's completely fictional and was created as the result of a bet with Robert A. Heinlein? It's quite the moneymaker today, so the worshippers of avarice in the White House could go for it rather easily.

And let's not forget Wicca, Asatru, Shintoism, Taoism, the various Native American faiths, and so many others out there.

But still leaves atheists and agnostics out.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=00001-01000&file=300-310

FAMILY.CODE
SECTION 300-310

300. Marriage is a personal relation arising out of a civil
contract between a man and a woman, to which the consent of the
parties capable of making that contract is necessary. Consent alone
does not constitute marriage. Consent must be followed by the
issuance of a license and solemnization as authorized by this
division, except as provided by Section 425 and Part 4 (commencing
with Section 500)....

Since it says marriage arises out of a civil contract, I believe you are shit out of luck with this tack.

I am not a lawyer.

ETA more at http://www.leginfo.ca.gov/