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Lawsuits try to block flurry of gay marriages in San Francisco

NewsABPnews  |  February 16, 2004

WASHINGTON (ABP) — As thousands of same-sex couples rushed to get married in San Francisco over the Valentine's Day weekend, opponents tried to block the marriages in court.

Two San Francisco courts postponed action Feb. 17 on lawsuits seeking to halt same-sex marriages in that city.

In 2000, California voters approved the controversial Proposition 22, which banned same-sex marriages. In an act of civil disobedience, newly elected Mayor Gavin Newsom (D) ordered municipal officers to begin granting marriage licenses to same-sex couples Feb. 12.

Since that time, more than 2,400 gay couples have been wed in civil ceremonies at San Francisco City Hall.

Two conservative California-based groups — the Alliance Defense Fund and the Campaign for California Families — are suing to have the marriages halted and those already performed declared invalid. Attorneys for the groups were expected to cite a little-known part of the California Constitution that says administrative officers may not unilaterally declare state laws unconstitutional.

As of press time, a third San Francisco court was set to hear a parallel lawsuit by a group calling itself the Proposition 22 Legal Defense and Education Fund.

Randy Thomasson, president of the Campaign for California Families, said Feb. 13 that Mayor Newsom's actions constitute “open defiance of state law and trashing of traditional marriage.”

But Newsom has argued that denying marriage licenses to gay couples violates the California Constitution's strong equal-protection provisions.

“America has struggled since its inception to eradicate discrimination in all forms,” he said in a press release announcing his order. “California's Constitution leaves no doubts; it leaves no room for any form of discrimination.”

Newsom drew a parallel between gay marriage and the battle for inter-racial marriages in the 1950s and '60s.

Thousands of same-sex couples — some from out of state — lined up outside City Hall over the Valentine's Day weekend and waited through heavy rain for the chance to pay $83 and get married. According to the New York Times, hundreds of city workers volunteered, without pay, to keep the building open over the weekend so as many couples as possible could get married.

The issue of gay marriage took center stage late last year when the Massachusetts Supreme Judicial Court ordered that state to begin issuing marriage licenses to same-sex couples in May. Last week Massachusetts legislators postponed a decision on an amendment to that state's constitution banning same-sex marriages.

Meanwhile, in Georgia the state Senate approved a measure banning same-sex marriages and barring recognition of such marriages from out of state. The state House of Representatives will now take up the measure.

And in Washington, a proposal to amend the federal Constitution to ban same-sex marriages is making its way through Congress. Several conservative political insiders have indicated that President Bush will formally announce his support for the Federal Marriage Amendment soon.

-30-

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