California Court Refuses to Stop Gay Weddings

Saturday, February 28, 2004

(7:23 AM ET)

By David Kravets

Associated Press Writer

The issue has sparked intense debate nationwide and spilled into the presidential race. President Bush, citing the Massachusetts decision and the parade of weddings in San Francisco, backed a federal constitutional amendment Tuesday to bar such marriages. In statehouses nationwide, lawmakers are taking a closer look at their constitutions to see if they could be construed to permit same-sex marriages, even in states where laws now bar them. Massachusetts is one of many states where lawmakers are considering a constitutional amendment to bar the marriages.

California Attorney General Bill Lockyer speaks to the press about his stance on same-sex marriages Friday, Feb. 27, 2004, in Anaheim, Calif. Lockyer has been under fire from every side since San Francisco, under a directive from Mayor Gavin Newsom, began issuing marriage licenses to gays and lesbians and performing more than 3,400 weddings two weeks ago. Lockyer, a Democrat, said he's asking the Supreme Court to take the matter urgently under consideration and has asked the court to instruct the county of San Francisco to cease and desist issuing same-sex marriage licenses until the matter is resolved.

Image Credit: Jamie Rector -- AP

SAN FRANCISCO, Calif. -- AP
In yet another setback to conservatives opposed to same-sex marriage, the California Supreme Court declined a request to immediately stop San Francisco from marrying gay couples and to nullify the weddings already performed.

Attorney General Bill Lockyer asked the justices Friday to intervene in the debate while they consider the legality of the marriages. More than 3,400 couples have tied the knot since San Francisco began issuing marriage licenses two weeks ago under the directive of Mayor Gavin Newsom.

Lockyer told the justices it was a matter for the courts, not the mayor, to decide. He did not take a position on whether same-sex marriages should be deemed constitutional.

``The genius of our legal system is in the orderly way our laws can be changed, by the Legislature or by a vote of the people through the initiative process, to reflect current wisdom or societal values,'' he wrote.

But the justices declined the request, and told the city and a conservative group that opposes gay marriages to file new legal briefs by March 5.

Regardless of the order, the San Francisco-based court did not indicate whether it would decide the issue. The seven justices usually are reluctant to decide cases until they work their way up through the lower courts, which this case has not.

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2003 © The Associated Press.

Dan