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12 Mar 2004

court blocks san francisco gay marriage

San Francisco has been ordered to stop issuing marriage licenses to same-sex couples; pending further legal review of the issue.

The California Supreme Court ordered San Francisco on Thursday to stop issuing marriage licenses to same-sex couples, bringing at least a temporary end to a month long experiment. The court will take up the issue again in a few months to decide if the city had the authority to issue marriage licenses in defiance of state law.

Mayor Gavin Newsom who enacted the controversial policy says the city would continue to challenge the constitutionality of the state's ban in court.
The court, which did not express its opinion on the issue, said it would hold a hearing in late May or early June and rule within 90 days.

Since Feb 12, San Francisco authorities have issued marriage licenses to more than 3,700 same-sex couples when Mayor Gavin Newsom enacted the controversial policy. Although the practice contravenes state law, Newsom said it is backed by the equal-rights provision of the California constitution.

Social and Christian conservatives groups who oppose the move had quickly filed lawsuits to stop the city from officially sanctioning gay and lesbian unions.

The mayor said the city has a lawsuit on the same day in San Francisco Superior Court raising some of its concerns and would continue to challenge the constitutionality of the state's ban in court.

Governor Arnold Schwarzenegger predicted riots and deaths as a result of San Francisco's policy of issuing marriage licenses to same-sex couples before changing his opinion saying that although he opposes same-sex marriage because it violates state law, he might however support it if the law is changed.

US President George Bush has quickly jumped into the fray stating his support for changing the federal constitution to define marriage as between a man and woman. The gay marriage controversy has become part of the political debate in the United States in this election year as Democratic challenger John Kerry publicly supports stronger legal rights for gay and lesbian partners but opposes gay marriage.

Lawmakers in the state of Massachusetts have on Thursday voted preliminary approval for a state constitutional amendment that would prohibit same-sex marriage. Although amendment needs further legislative approval before reaching the state ballot in 2006, same-sex marriage are scheduled to start in May under an earlier ruling by Massachusetts' highest court.

Several towns in New York State, Oregon and New Mexico have followed the lead of San Francisco in challenging laws limiting marriage to heterosexual couples.

United States » California » San Francisco

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