The action comes two weeks after Attorney General Bill Lockyer and conservative groups asked the high court to block same sex unions.
The California State Supreme Court will hear a case on the legality of those marriages in May or June.
More than 3,700 couples have tied the knot at San Francisco’s city hall since Feb. 12.
That’s when San Francisco Mayor Gavin Newsom ordered his administration to issue marriage licenses to same-sex couples.
Mayor Newsom has also sued the state saying California’s marriage laws violate the state constitution's equal protection clause.
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