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Ballots are still being counted for Prop 8, the California measure that would rescind marriage rights from the state’s gay couples. But according to New England GLBT paper Bay Windows, the legal opposition to Prop 8 has already begun. Robin Tyler and Diane Olson, the lesbian couple that won marriage rights in a previous California Supreme Court decision, have filed another suit.

Attorney Gloria Allred and her clients, a lesbian couple, who won right to marry in the California Supreme Court will hold a news conference to announce a new lawsuit against Prop. 8. . . . Ms. Allred and her law firm represented the couple in their victory before the California Supreme Court. Her clients became the first to marry in Los Angeles County in June.

Ms. Allred will file the new lawsuit today with the California Supreme Court on behalf of the couple. The new lawsuit will contain a new and controversial legal argument as to why Prop. 8 is unconstitutional. Copies of the lawsuit will be provided to the press at the news conference.