California Supreme Court To Rule Thursday In Gay Marriage Case

California Supreme Court To Rule Thursday In Gay Marriage Case


by Mark Worrall
365Gay.com Newscenter
San Francisco Bureau
Posted: August 11, 2004 12:01 am ET

(San Francisco, California) The California Supreme Court will issue a ruling Thursday on whether San Francisco Mayor Gavin Newsom acted illegally by issuing marriage licenses to same-sex couples.

The city began issuing the licenses in February). Nearly 4,000 marriage licenses were issued to gay and lesbian couples before the state Supreme Court in March ordered the city to stop.

Thursday's ruling will not address the legality of gay marriage in the state. That issue is still working its way through the lower courts and is expected to reach the high court later this year.

Instead, the seven justices will rule on Newsom's actions in issuing the licenses.

On March 5 city lawyers told the justices that the mayor's actions were legal because the California Constitution provides equality for all under the law.

Chief Deputy City Attorney Therese Stewart cited cases dating to 1896 which she said showed local officials have properly refused to enforce a state law after determining it unconstitutional. (story)

But, Deputy Attorney General Timothy Muscat arguing for the state, accused Newsom of usurping Legislature's power.

Under a voter endorsed proposition in 2000 state law defines marriage as being between a man and a woman.

Meanwhile, on Tuesday, the California Senate Judiciary Committee voted 5 - 1 to oppose amending the US Constitution to bar gay marriage. The measure has already passed the Assembly and now goes to the floor of the Senate for a vote.

In May same-sex couples began to legally marry in Massachusetts following a ruling by that state's highest court that denying marriage licenses to gay and lesbian couples violated the Massachusetts constitution. In Canada, the provinces of British Columbia, Ontario and Quebec, and the Yukon Territory all permit gay marriage. The only only places where gay marriage is legal are Holland and Belgium.

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