View Single Post
Old 08-12-2004, 12:30 PM  
KRL
Entrepreneur
 
Join Date: Oct 2002
Location: USA
Posts: 31,429
Calif. Supreme Court Voids 4,000 Same Sex Marriages

Our legal system has overstepped its bounds again and imposed morality on the people's individual rights to love whoever they damn want.

Unbelievable how much power government has over everyone's personal life in today's world.


Calif. Court Voids S.F. Same-Sex Marriages

AN FRANCISCO - The California Supreme Court on Thursday voided the nearly 4,000 same-sex marriages sanctioned in San Francisco this year and ruled unanimously that the mayor overstepped his authority by issuing licenses to gay and lesbian couples.

The court said the city illegally issued the certificates and performed the ceremonies, since state law defined marriage as a union between a man and woman.

The justices separately decided with a 5-2 vote to nullify the 3,995 marriages peformed between Feb. 12 and March 11, when the court halted the weddings. Their legality, Justice Joyce Kennard wrote, must wait until courts resolve the constitutionality of state laws that restrict marriages to opposite-sex couples.

The same-sex marriages had virtually no legal value, but powerful symbolic value. Their nullification by the high court dismayed Del Martin and Phyllis Lyon, the first same-sex couple to receive a marriage license in San Francisco.

"Del is 83 years old and I am 79," Lyon said. "After being together for more than 50 years, it is a terrible blow to have the rights and protections of marriage taken away from us. At our age, we do not have the luxury of time."

About a dozen gay and lesbian couples, some wearing wedding dresses and tuxedos, waited on the steps of the Supreme Court building, and some cried when the decision was read.

The court did not resolve whether the California Constitution would permit a same-sex marriage, ruling instead on the limits of authority regarding local government officials.

Anti-gay-marriage groups hailed the ruling, saying Mayor Gavin Newsom acted prematurely.

"Instead of helping his cause, Mayor Newsom has set back the same-sex marriage agenda and laid the foundation for the pro-marriage movement to once and for all win this battle to preserve traditional marriage," said Mathew Staver, who represents Campaign for California Families in a lawsuit challenging the San Francisco marriages.

The justices agreed to resolve the legality of the San Francisco weddings after emergency petitions were filed by conservative interest groups and Attorney General Bill Lockyer.
San Francisco's gay weddings, which followed a landmark ruling by Massachusetts' top court allowing gay marriage ? prompted President Bush to push for changing the U.S. Constitution to ban same-sex marriage, an effort that has become campaign fodder this election year.

The California court sided with Lockyer's arguments, ruling that Newsom's actions would sanction local officials to legislate state law from city halls or county government centers.

When the justices agreed to hear the case, they said they would decide only whether Newsom overstepped his mayoral powers for now, but would entertain a constitutional challenge ? that gays should be treated the same as heterosexual couples under the California Constitution ? if such a lawsuit reached the court.

Gay and lesbian couples immediately filed lawsuits making that argument, as did Newsom. The now-consolidated cases are unlikely to reach the California Supreme Court for at least a year or more. California lawmakers have refused to take a position on the matter.

Newsom argued to the justices in May that the ability of same-sex couples to marry was a "fundamental right" that compelled him to act. Newsom authorized the marriages by citing the California Constitution's ban against discrimination, and claimed he was duty-bound to follow this higher authority rather than state laws banning gay marriage.
KRL is offline   Share thread on Digg Share thread on Twitter Share thread on Reddit Share thread on Facebook Reply With Quote