San Francisco, California -
The lineup of same-sex couples waiting to marry cheered city lawyers late Friday afternoon as they returned from winning yet another court battle to keep San Francisco's gay marriage licenses flowing.
But, in Sacramento, Gov. Arnold Schwarzenegger moved to bring the issue to a boil.
In a letter to Attorney General Bill Lockyer, Schwarzenegger directed the state's top lawyer "to take immediate steps" to get a definitive court ruling declaring what the city is doing to be illegal.
"Our civilized society and legal system is based upon a respect for and adherence to the rule of law. The City and County of San Francisco's unfortunate choice to disregard state law and grant marriage certificates to gay couples directly undermines this fundamental guarantee," Schwarzenegger wrote. "As Attorney General, you have the authority to take legal action to require the City and County of San Francisco to comply with the laws of the State."
Lockyer has already said he will defend the law in the city's suit against the state. (365gay.com story)
San Francisco Mayor Gavin Newsom's spokesperson, Peter Ragone, scoffed at Schwarzenegger's directive to the attorney general, noting that two judges have already declined to grant emergency orders sought by two conservative opponents of marriage rights for gays and lesbians.
"The truth is, thousands of people are involved in loving relationships and having them recognized for the first time," Ragone said. "We urge the governor to meet with some of the couples because what's happening is both lawful and loving."
Earlier in the day, Superior Court Judge Ronald Quidachay refused for a second time to grant a temporary restraining to prevent the city from issuing marriage licenses to same-sex couples.
"You have not made a showing of imminent irreparable harm," Quidachay told lawyers for the Campaign for California Families.
But, he said the group did have the right to a hearing on their argument that the city is violating state law.
In arguing for the restraining order the Campaign's lawyers had argued that same-sex weddings harmed the 61 percent of California voters who in 2000 supported Proposition 22, the ballot initiative that said the state "would only recognize marriage between a man and a woman as valid."
But Quidachay suggested that the rights of the thousands of gay and lesbian couples who have married in San Francisco during the last nine days appeared to carry more weight.
"If the court has to weigh rights here, on the one hand you are talking about voting rights, and on the other you are talking about equal rights," Quidachay said.
The judge also granted a motion by lawyers for the city and for the National Center for Lesbian Rights, Lambda Legal, and the ACLU to have the Campaign for California Families suit merged with another one already before Judge James Warren.
That suit, by the Proposition 22 Legal Defense and Education Fund will be heard in March after Warren rejected documents filed by the group's lawyers earlier this week.
It has not been determined whether the combined suit will be heard by Warren or Quidachay. The next hearing is scheduled for March 29 in Judge Warren's court.
In the meantime, Quidachay ruled, the city can continue issuing marriage licenses to gay couples.
Chief deputy city attorney Therese Stewart said the failure of conservative opponents to win emergency injunctions demonstrates that the city has a strong case.
"Both judges really recognized there is nobody who is hurt by allowing gay people to marry," Stewart said.
"We're delighted with today's developments," said Jon Davidson, Senior Counsel for Lambda Legal. "Four times in seven days, courts have said San Francisco can keep marrying same-sex couples."
"While this fight is far from over, this case will ultimately resolve whether the California Constitution requires that same-sex couples be given the equal right to marry."
The National Center for Lesbian Rights, Lambda Legal and the ACLU entered the case representing several same-sex couples who married in San Francisco in recent days, a San Francisco couple who wants to marry and Equality California (a statewide lesbian and gay advocacy group) on behalf of its members.
"While California has statutes that prohibit marriage between same-sex couples -- those restrictions have to comply with the state Constitution to be enforceable, and before this week California courts had never been asked to consider whether those restrictions are constitutional," said Kate Kendell, Executive Director of NCLR.
The City of San Francisco began issuing marriage licenses to same-sex couples last week when Mayor Gavin Newsom said the state Constitution's guarantees of equality and due process required him to issue licenses to same-sex couples. (365gay.com story) Judge Quidachay's ruling today does not address any of those issues, nor does it address Newsom's authority as mayor to issue the marriage licenses. Those questions will be argued in the next couple of months.
Friday morning, mayor Gavin Newsom officiated at the wedding of Carole Migden, who leads the state's Board of Equalization, and her partner of 19 years, criminal defense attorney Cris Arguedas.
About 25 anti-gay protesters briefly blocked the door of the county clerk's office, lying down in front of the line and singing religious songs. Gays and lesbians responded by belting out ``The Star-Spangled Banner'' until sheriff's deputies escorted the protesters out. No arrests were made.
California's two senators, Dianne Feinstein and Barbara Boxer, both San Francisco Democrats, Friday expressed opposition to the city's stand, angering gays in the state, who until today have been staunch supporters of the two.
"If the mayor believes that law is unconstitutional, the place to go is the court,'' Feinstein said. ``I believe this makes the national situation much more complicated and gives ammunition to those who are pushing for a constitutional amendment.''
Meanwhile, a poll out Friday indicated that support for same-sex marriage is improving in the general population.
The Public Policy Institute of California poll shows that 50 percent of Californians remain opposed to same-sex marriage, about the same number as similar polls over the past four years. But, support for gay marriage is growing. 44 percent said they would support same-sex marriage, an increase of 6 percent from four years ago.
In the San Francisco Bay area, 58 percent of all respondents support gay marriage.
by Mark Worrall
365Gay.com Newscenter
San Francisco Bureau
©365Gay.com® 2004
But, in Sacramento, Gov. Arnold Schwarzenegger moved to bring the issue to a boil.
In a letter to Attorney General Bill Lockyer, Schwarzenegger directed the state's top lawyer "to take immediate steps" to get a definitive court ruling declaring what the city is doing to be illegal.
"Our civilized society and legal system is based upon a respect for and adherence to the rule of law. The City and County of San Francisco's unfortunate choice to disregard state law and grant marriage certificates to gay couples directly undermines this fundamental guarantee," Schwarzenegger wrote. "As Attorney General, you have the authority to take legal action to require the City and County of San Francisco to comply with the laws of the State."
Lockyer has already said he will defend the law in the city's suit against the state. (365gay.com story)
San Francisco Mayor Gavin Newsom's spokesperson, Peter Ragone, scoffed at Schwarzenegger's directive to the attorney general, noting that two judges have already declined to grant emergency orders sought by two conservative opponents of marriage rights for gays and lesbians.
"The truth is, thousands of people are involved in loving relationships and having them recognized for the first time," Ragone said. "We urge the governor to meet with some of the couples because what's happening is both lawful and loving."
Earlier in the day, Superior Court Judge Ronald Quidachay refused for a second time to grant a temporary restraining to prevent the city from issuing marriage licenses to same-sex couples.
"You have not made a showing of imminent irreparable harm," Quidachay told lawyers for the Campaign for California Families.
But, he said the group did have the right to a hearing on their argument that the city is violating state law.
In arguing for the restraining order the Campaign's lawyers had argued that same-sex weddings harmed the 61 percent of California voters who in 2000 supported Proposition 22, the ballot initiative that said the state "would only recognize marriage between a man and a woman as valid."
But Quidachay suggested that the rights of the thousands of gay and lesbian couples who have married in San Francisco during the last nine days appeared to carry more weight.
"If the court has to weigh rights here, on the one hand you are talking about voting rights, and on the other you are talking about equal rights," Quidachay said.
The judge also granted a motion by lawyers for the city and for the National Center for Lesbian Rights, Lambda Legal, and the ACLU to have the Campaign for California Families suit merged with another one already before Judge James Warren.
That suit, by the Proposition 22 Legal Defense and Education Fund will be heard in March after Warren rejected documents filed by the group's lawyers earlier this week.
It has not been determined whether the combined suit will be heard by Warren or Quidachay. The next hearing is scheduled for March 29 in Judge Warren's court.
In the meantime, Quidachay ruled, the city can continue issuing marriage licenses to gay couples.
Chief deputy city attorney Therese Stewart said the failure of conservative opponents to win emergency injunctions demonstrates that the city has a strong case.
"Both judges really recognized there is nobody who is hurt by allowing gay people to marry," Stewart said.
"We're delighted with today's developments," said Jon Davidson, Senior Counsel for Lambda Legal. "Four times in seven days, courts have said San Francisco can keep marrying same-sex couples."
"While this fight is far from over, this case will ultimately resolve whether the California Constitution requires that same-sex couples be given the equal right to marry."
The National Center for Lesbian Rights, Lambda Legal and the ACLU entered the case representing several same-sex couples who married in San Francisco in recent days, a San Francisco couple who wants to marry and Equality California (a statewide lesbian and gay advocacy group) on behalf of its members.
"While California has statutes that prohibit marriage between same-sex couples -- those restrictions have to comply with the state Constitution to be enforceable, and before this week California courts had never been asked to consider whether those restrictions are constitutional," said Kate Kendell, Executive Director of NCLR.
The City of San Francisco began issuing marriage licenses to same-sex couples last week when Mayor Gavin Newsom said the state Constitution's guarantees of equality and due process required him to issue licenses to same-sex couples. (365gay.com story) Judge Quidachay's ruling today does not address any of those issues, nor does it address Newsom's authority as mayor to issue the marriage licenses. Those questions will be argued in the next couple of months.
Friday morning, mayor Gavin Newsom officiated at the wedding of Carole Migden, who leads the state's Board of Equalization, and her partner of 19 years, criminal defense attorney Cris Arguedas.
About 25 anti-gay protesters briefly blocked the door of the county clerk's office, lying down in front of the line and singing religious songs. Gays and lesbians responded by belting out ``The Star-Spangled Banner'' until sheriff's deputies escorted the protesters out. No arrests were made.
California's two senators, Dianne Feinstein and Barbara Boxer, both San Francisco Democrats, Friday expressed opposition to the city's stand, angering gays in the state, who until today have been staunch supporters of the two.
"If the mayor believes that law is unconstitutional, the place to go is the court,'' Feinstein said. ``I believe this makes the national situation much more complicated and gives ammunition to those who are pushing for a constitutional amendment.''
Meanwhile, a poll out Friday indicated that support for same-sex marriage is improving in the general population.
The Public Policy Institute of California poll shows that 50 percent of Californians remain opposed to same-sex marriage, about the same number as similar polls over the past four years. But, support for gay marriage is growing. 44 percent said they would support same-sex marriage, an increase of 6 percent from four years ago.
In the San Francisco Bay area, 58 percent of all respondents support gay marriage.
by Mark Worrall
365Gay.com Newscenter
San Francisco Bureau
©365Gay.com® 2004
This article originally appeared on 365gay.com. Republished with permission.
