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Wednesday, March 10, 2004
JUDGES DON'T ACT IMMEDIATELY ON S.F. CASE: From the San Francisco Chronicle
Opposing sides in San Francisco's same-sex marriage controversy made their final pitches to the California Supreme Court on Friday as they anxiously awaited word on whether the state's top court will step in and decide the fate of gay and lesbian weddings. In briefs filed with the court, San Francisco city attorneys asked the justices to refrain from taking any action now and allow two lawsuits pending in Superior Court over San Francisco's parade of same-sex nuptials to go to trial and wind its way through the legal system. The legal maneuver was made in response to a request by California Attorney General Bill Lockyer eight days ago that the high court put a halt to the marriage procession that began Feb. 12, when Newsom ordered County Clerk Nancy Alfaro to begin issuing the licenses. Mayor Gavin Newsom said Friday that he expects the city to vigorously defend its actions in court for as long as necessary to grant gays and lesbians the right to marry. ... Meanwhile, attorneys for three San Francisco residents who also have asked the justices to stop the weddings, launched a new legal assault with the court Friday, filing a brief that specifically defends the constitutionality of California laws that bar gay and lesbian weddings. The court has the discretion whether to accept Friday's briefs. ... The city is arguing that state laws defining marriage as between a man and a woman violate the equal protection rights of gays and lesbians under the state constitution. In a new twist, the city also contends that Newsom also was acting under the U.S. Constitution's guarantee of equal protection, raising the possibility that the case may eventually be decided by the nation's highest court. ... Responding to pleas from local gays and lesbians, Santa Clara and Santa Cruz county officials say they are weighing whether to join San Francisco's lawsuit against the state ban on same-sex licenses. The Santa Cruz Board of Supervisors is expected to vote on the issue Tuesday. Officials say that Santa Clara County Supervisors may take up the issue next month. more |
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