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California high court voids same sex marriages Original Source Link: (May no longer be active)
http://www.cnn.com/2004/LAW/08/12/samesex.marriage/http://www.cnn.com/2004/LAW/08/12/samesex.marriage/
California high court voids same-sex marriages
San Francisco mayor vows ultimate victory in appeal
(CNN) -- Thousands of marriages sanctioned in San Francisco earlier this year were voided Thursday when the California Supreme Court ruled that city's mayor overstepped his authority by issuing licenses to gay and lesbian couples.
San Francisco Mayor Gavin Newsom said the city would appeal the 5-2 ruling by the state's high court.
"My heart is heavy," Newsom told reporters. "I respectfully disagree with the Supreme Court's decision, but I respect the court and will respect the order."
He added, "I'm proud of what we did, and I stand by what we've done."
In its ruling Thursday, the court said San Francisco illegally issued the certificates and performed the wedding ceremonies, since state law defined marriage as a union between a man and woman. The justices nullified the nearly 4,000 marriages performed between February 12 and March 11, when the court halted the weddings.
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.
The high court's ruling ordered city and county officials to "take all necessary remedial steps to undo the continuing effects of the officials' past unauthorized actions, including making appropriate corrections to all relevant official records and notifying all affected same-sex couples that the same-sex marriages authorized by the officials are void and of no legal effect."
The court said Newsom had overstepped his authority as city and county mayor by failing to enforce the provisions of the state's marriage statutes. Statutes can be circumvented only with a court order, the justices ruled.
At his news conference, Newsom said he believes what he did was right and that it is not the government's place to deny gays from marrying.
"Separate does not mean equal," he said.
Newsom had told city and county officials to begin licensing gay and lesbian marriages February 12. The Associated Press reported that 3,995 were performed by March 11, when the state high court ordered a halt.
However, the court at that time stopped short of invalidating the same-sex marriages that took place.
Among the marriages affected is that of performer and talk show host Rosie O'Donnell. O'Donnell married her longtime girlfriend in late February, taking what she called a proud stand for gay civil rights in the city. She and Kelli Carpenter had a brief ceremony inside Newsom's office.
Another case included under the court's ruling is a lawsuit brought by resident Barbara Lewis and other taxpayers against County Clerk Nancy Alfaro.
In February, Alfaro, on orders from Newsom, changed the marriage license form designations for "bride" and "groom" to "applicant one" and "applicant two."
According to The Associated Press, anti-same-sex marriage groups hailed Thursday's ruling, saying Mayor 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.
According to AP reports, Missouri voters this month endorsed a state constitutional amendment banning same-sex marriage -- a move designed to prevent that state's judiciary from agreeing with the arguments Newsom is making in California.
A state constitutional challenge by gays in Massachusetts prompted that state's highest court to endorse the gay marriages that began there in May.
A judge in Washington state this month also ruled in favor of gay marriage, pending a resolution from that state's top court, The AP reported.
Copyright 2004 CNN.
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