(Santa Ana, California) A Southern California adoption agency Tuesday asked a federal court to dismiss a lawsuit by a lesbian couple that claims the company discriminated against them because of their sexuality.

The Olive Crest Family Care and Adoption Agency, based in Santa Ana, said Tuesday the discrimination never occurred because the women withdrew from the process voluntarily.

Dr. Shannon Rose and her partner, Jane Brooks complained in the suit that Olive Crest purposely delayed processing their adoption application and gave preferential treatment to heterosexual married couples.

Their lawsuit claims they began the adoption certification process last summer after being told that their sexual orientation would not come into play. Several months later, they said a social worker told them they had been dropped from the program due to a new policy stating that the agency "prefers to place children in nuclear families."

The women allege that the case manager quit Olive Crest over the discriminatory practice.

Olive Crest denies the allegations. The company's lawyer said the couple decided not to go through with the adoption following a delay in processing.

"Why would we waste hours and hours certifying them if we didn't intend to continue the process?" said attorney Daniel M. Livingston. "It has cost us thousands of dollars to process them - why would we drop it?"

Livingston has asked the court to dismiss the suit, and said that even if the couple had been rejected, the adoption agency wouldn't have done anything wrong.

"A policy which simply favors the placement of children with men and women who are in legally recognized and sanctified marriages is both fair and reasonable ... The stability and security of traditional marriage for the benefit of children is reasonably preferred over unsanctioned and legally unrecognized cohabitants, acquaintances or other companions."

In a counter motion the couple's ACLU lawyer argued that private agencies performing functions such as adoptions on behalf of the state are subject to the same constitutional restrictions against discrimination to which the state must adhere.

Earlier this year, following a complaint by the couple to the state's Community Care Licensing Division, Olive Crest was ordered to develop a recruitment policy that doesn't discriminate against applicants based on sexual orientation.

There is no indication when the court may rule on the dismissal motion.