San Francisco seeks resumption of gay marriages

SAN FRANCISCO – City officials here have asked the California Supreme Court to allow the resumption of gay marriages.

Yesterday's request by City Attorney Dennis Herrera came a week after the seven justices halted the marriages until the court decides whether Mayor Gavin Newsom and his administration had the power to defy state law and issue same-sex marriage licenses to more than 4,000 gay couples since Feb. 12.

The court, responding to petitions by a conservative group and Attorney General Bill Lockyer, announced last week it would decide only whether Newsom had the authority to declare the Family Code – it says marriage is a union between a man and woman – unconstitutional and issue same-sex marriage licenses.

(snip)

Herrera, in briefs submitted to the Supreme Court yesterday, also argued the justices shouldn't decide on Newsom's power until the courts decide the constitutional issue, which could be years away.

(snip)

Herrera's briefing also argued that the state constitution's guarantee of equal protection under the law authorized the mayor to allow the gay marriages.

(snip)


Find this article at:
http://www.signonsandiego.com/uniontrib/20040319/news_1n19gaywed.html