Gay Marriages to Continue Through Friday in SF
By Byron LaMasters
The San Francisco Chronicle reports:
A judge delayed until at least Friday a ruling on whether to block San Francisco from issuing same-sex marriage licenses.
The ruling occurred during the first of two such hearings Tuesday. Another judge was scheduled to hear a similar case in the afternoon.
In the early hearing, San Francisco County Superior Court Judge Ronald Quidachay said he was not prepared to rule on a lawsuit filed by conservatives to block the marriages -- more than 2,300 of which have taken place since last Thursday.
Peter Ragone, a spokesman for Mayor Gavin Newsom, said the city would continue issuing licenses until it knew the outcome of the second court hearing.
There's also talk of Santa Cruz, CA following San Francisco's lead. The Santa Cruz Sentinel reports:
Merrie Schaller, chair of the GLBT Alliance, a gay rights group, said the group had been considering a similar act of civil disobedience, but had planned to hold off until May. By then, the Massachusetts Legislature is required to come up with a workable gay marriage law in the wake of legal challenges. A court decision last year paved the way for the state to offer the nation’s first legally sanctioned gay marriages.
"I’m thrilled and bemused with the actions of San Francisco’s mayor, and by Saturday we will have decided whether to ask local officials to do the same," Schaller said. "This is a great Valentine’s Day present, and an even better present for Lincoln’s birthday. It’s a really good emancipation proclamation."
Marriage licenses are handled by the county recorder. County Supervisor Mardi Wormhoudt said she’d be happy to help with such a campaign.
"I’m hesitant to say, ‘Yes, absolutely,’ since I don’t know what the plans are yet, but I can’t think of any reason why I wouldn’t support such a move," she said. "All people ought to have the same rights, and I’m for anything that makes it easier for people to love each other and have long and committed relationships."
In related news, the Lesbian Gay Rights Lobby of Texas organized demonstrations across the state on Valentine's Day protesting marriage discrimination against gay and lesbian couples in Texas. The San Antonio Express-News reports:
Same-sex couples who applied for marriage licenses at the Travis County clerk's office Friday knew they'd be denied but wanted to make a point.
"If we were allowed, we'd be in here today just like anybody else who is preparing to marry," said Michael McClain, 38, a U.S. Postal Service employee looking forward to a Valentine's Day commitment ceremony with his partner Brad Parks, 36, an advertising copywriter.
Margy Meacham, 44, was turned away with her partner of 16 years, Nancy Hickman, 59.
"We should be able to have the same rights as everyone else and ... express our committed relationship the way that we want," Meacham said.
It fell to Betty Anderson, as division manager of recording in the clerk's office, to tell the couples what they already knew — that they couldn't get licenses.
When one applicant voiced the hope that some day the law will allow them to marry, Anderson responded quietly: "Someday, maybe. Today, no."
The demonstration — organized by the Lesbian/Gay Rights Lobby on the eve of Valentine's Day along with a similar event in Houston — occurred as gay marriage is at issue on the national stage.
[...]
Besides showcasing the couples' commitment, Friday's event was an opportunity to draw attention to the "basic rights" denied outside of marriage, such as making health decisions if a partner is incapacitated, said Colin Cunliff, field coordinator of the Lesbian/Gay Rights Lobby.
There's more about the events last weekend on LGRL's website.
Disclosure: I'm a board member of LGRL.
Posted by Byron LaMasters at February 17, 2004 02:34 PM
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I suspect that the Court will rule lack of standing on the Plaintiff's part - there really is no other legally defensible ruling. Not that the marriages are valid. Instead, a challenge to the marriages will need to wait until there is a specific controversey involving a specific set of individuals (i.e. contesting the distribution of an estate, etc.) with standing (e.g. one of the putative spouses, family members, etc.) It does create a mucky situation until then.
The quickest way to get standing is to wait until they file a joint state income tax return and see if the State Government challenges the marriages (Attorney General or possibly Comptroller). As a political matter, it will shift the political hot potato from the Mayor of S.F.'s office to a Democratic statewide-elected official.