EMERYVILLE, Calif. (AP) _ John Claassen is suing the popular online matchmaker eHarmony for refusing to help him find a date. The company says there's one good reason for that: He's still married.

Claassen, a 36-year-old lawyer, filed a lawsuit in Alameda County Superior Court, alleging eHarmony abridged his civil rights by refusing to match him up.

He said the company, which has an ``unmarried only'' policy, broke state law by discriminating against him based on his marital status. He considers himself separated.

Claassen, who is seeking $12,000 in civil penalties, said Monday he expects his divorce to be official in about two months, but that he shouldn't have to wait until then to use eHarmony.

A spokesman for Pasadena-based eHarmony did not immediately return a telephone call for comment from The Associated Press. But in an e-mail to Claassen, the company said he would be welcome to join ``once your divorce is final.''

``I just think I've got a right as an individual trying to recover from something that wasn't the high point of my life,'' Claassen said. ``If that includes dating now, why can't I?''