LGBT State Court Blocks SSM!! ::SAD::

Discussion in 'Lifestyle' started by CoCo, Mar 12, 2004.

  1. CoCo

    CoCo ...is a Queer Don!! OT Supporter

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    Well...
    State court blocks gay weddings

    SAN FRANCISCO - The state Supreme Court today ordered San Francisco officials to stop issuing marriage licenses to same-sex couples until the court can further consider a ban on the practice.

    The unanimous seven-judge order to show cause followed requests by both California Attorney General Bill Lockyer and gay-marriage opponents to suspend the ceremonies, which began Feb. 12. More than 4,100 same-sex weddings had been performed when the order was issued, with another 2,688 applicantions on a waiting list.

    The court did not address the status of those marriages.

    San Francisco responded by filing another lawsuit against the state late this afternoon, seeking a Superior Court ruling on the constitutionality of state marriage laws.

    California law defines marriage as being between a man and woman, but San Francisco Mayor Gavin Newsom has contended the law violates equal-protection clauses of the state constitution.

    The city must respond to the court's order by next Thursday, and hearings are expected to be held in May or June.

    Justices took the unusual step of ruling on a case that has not made its way through lower courts. The city also faces two lawsuits seeking a permanent end to gay marriages in San Francisco Superior Court, but today's order also suspended those cases.

    The Supreme Court action did not address constitutional issues, and ordered city officials to abide by state law "without regard to respondent's personal view of the constitutionality of such provisions."

    San Francisco officials said they will abide by the order, but Newsom apologized to dozens of gay couples gathered in City Hall.

    "We have treated people fairly and with dignity regardless of their sexual orientation," he said, addressing the crowd from a balcony in the City Hall rotunda. "I extend my extraordinary sympathy.

    "I am proud to be a mayor of a city that has confirmed and validated same-sex marriages."

    Assessor-Recorder Mabel Teng said she was "tremendously disappointed" in the stay.

    "I was expecting the (Supreme) Court to let the lower court let this work its way through the normal way," Teng said.

    Groups opposing the marriages said they were pleased to hear of the court's action.

    "We are thrilled that the Supreme Court has brought justice to California," said Robert Tyler, an attorney representing plaintiffs in one of the suits seeking an end to the marriages. "This is exactly what we requested from the court."

    Lockyer issued a written statement saying he was "gratified" by the court's decision.

    Employees in the city clerk's office stopped taking applications soon after the order.

    Mountain View residents Art Adams and Devin Baker, surrounded by half a dozen friends and relatives, were filling out their application but were told to stop.

    The despondent men left the office arm in arm and crying.

    "We raced out and bought rings and clothes and invited our families and we thought this would be it," Adams said. "We just wanted to have what everybody else has. We just wanted to have our relationship recognized."

    Bill Jones, a volunteer deputy marriage commissioner who married his 457th gay couple shortly before the order was issued, also said he was disappointed.

    "I feel like crying," said Jones, a San Rafael resident. "I'm gay and I'm 75 years old and I have been a second-class citizen all my life."

    City Attorney Dennis Herrera had asked the Supreme Court not to intervene, saying there was no harm to the weddings continuing while the lower court considered the issue.

    Two Superior Court judges had declined to suspend the ceremonies, telling gay-marriage opponents they had failed to show enough harm.

    Gay-marriage supporters have planned a march this evening from the Castro to City Hall to protest the ruling.

    Today's order gives both supporters and opponents "a chance for a breather," said Jennifer Pizer, an attorney for Lambda Legal, which represents five gay couples and the group Equality California.

    The order also gives supporters of same-sex marriage cause for optimism, Pizer said.

    "We're very gratified that there's nothing negative in this order as far as the core issue (of constitutionality)," she said. "Nothing in this suggests in any way that the thousands of marriages already performed are anything less than fully valid marriages performed under California law."

    Newly married Antoinette and Dey Rose, walking to their car after their ceremony, said they had not heard about the suspension. The Palo Alto women had been trying to gain an appointment since last month, they said.

    "This is unbelievable," said Antoinette Rose. "We're so lucky."

    Marin County couple Jeanne Rizzo and Pauli Cooper were in line for their 3 p.m. appointment when they were turned away, the women said.

    "The clerk put up the sign," Rizzo said. "She looked so sad."

    Earlier today, Gov. Arnold Schwarzenegger told Fox News his personal view on same-sex marriages is "irrelevant."

    "What is important is that I represent the people and whatever the people want or whatever the court decides is legal, that's what we have to go by and I will represent that," he said on "Your World with Neil Cavuto."

    ...the source=> http://www.contracostatimes.com/mld/cctimes/8164055.htm
     
  2. FLY-FAST

    FLY-FAST OT Supporter

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  3. CoCo

    CoCo ...is a Queer Don!! OT Supporter

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  4. Eigervue

    Eigervue New Member

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    It isnt a issue of gay marriage at this point it is an issue of legality, you can not have cities overriding state law, you can not have state overriding federal law, there is a cahin of power and municipalities are at the bottom of it.
     
  5. Biomechanoid

    Biomechanoid New Member

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    as much as I hate to say this, you are absolutely right. even though I applauded the mayor's actions, I do recognize the legal implications and agree that it should stop. It's not that I wouldn't have wanted it to even take place, but that it should stop until same sex marraige is made legal.

    and yes' I realize that I'm considered gay by most of OT, and that I am also for gay marraige, but it IS a legal issue now, not a moral issue.
     
  6. wing_nut74

    wing_nut74 New Member

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    I just don't inderstand how the Govmnt can offer tax breaks and things to "married" couples and then refuse gay marriage.
    That just seems to be the most blatant discrimination to me.
     
  7. CoCo

    CoCo ...is a Queer Don!! OT Supporter

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    ...I know. And I am really happy that this civil disobedience happened...but I know it was wrong at the same time :rolleyes:. This is one of those times where someone just HAD to allow their balls to drop a lil more and do what has to be done (for females, I guess your ovaries would do something, or maybe I could have said your clit could enlarge...ok, point lost... :dunno: ). Someone had to start this ball moving and voice just how discriminating a practice this was, and look at the results!! Look how many place felt compelled to follow suit. I hope that this is the time to correct such a grievance against the queer community...

     

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