Calif. Top Court Annuls San Francisco Gay Marriages

Thu Aug 12, 2004 02:00 PM ET

By Adam Tanner

SAN FRANCISCO (Reuters) - California's Supreme Court annulled more than 4,000 gay marriages in San Francisco on Thursday after finding the city acted improperly in granting marriage licenses earlier this year in defiance of state law.

The mayor of the liberal city, Gavin Newsom, ignited a passionate nationwide debate in February by allowing 4,037 same-sex couples to wed over a four-week period before the California high court halted them.

"We agree with petitioners that local officials in San Francisco exceeded their authority by taking official action in violation of applicable statutory provisions," Chief Justice Ronald George wrote for the court. "The same-sex marriages authorized by the officials are void and of no legal effect."

A California law backed by a voter referendum defines marriage as a union between a man and a woman, and polls show most Californians continue to oppose gay marriage.

In its decision, the justices focused on whether the mayor had the authority to marry gays rather than the broader arguments whether the state constitution must allow gay marriage. Briefs in a lawsuit raising the broader issue are expected before a lower court next month.

"The constitutional validity of California's statutory provisions limiting marriage to a union between a man and a woman is not before our court in this proceeding, and our decision in this case is not intended, and should not be interpreted, to reflect any view on that issue," the court wrote.

CONFIDENCE OVER NEXT LEGAL BATTLE

City officials expressed confidence about winning that next legal battle. "Obviously, I'm disappointed for the 4,000 couples," city attorney Dennis Herrera told Reuters. "I look forward to getting to the broad constitutional case."

"We still remain extremely confident with respect to our arguments and their potential for success on our equal protection claim under the state constitution."

The San Francisco weddings ignited celebrations among many gays who felt they deserved the same right to wed as other couples. It also made Newsom, the city's Democratic mayor, a national figure just weeks after taking office.

"No court can take away the love we share," said John Lewis, who married his partner Stuart Gaffney six months ago. The two wore tuxedos with purple bow ties and reacted as they stood in front of the state court building.

Yet the gay wedding brought criticism from Republican Gov. Arnold Schwarzenegger, and prompted President Bush to call for a Constitutional amendment defining marriage as a union strictly between a man and a woman.

"The justices have restored the rule of law in California," said Jordan Lorence of the Alliance Defense Fund which opposed the gay weddings. "The decision shows that same-sex 'marriage' is not inevitable."

The gay marriage debate has continued to rage ahead of the November presidential elections. In May, Massachusetts became the first U.S. state to allow gay marriage. Last month the Republican-led House of Representatives approved a bill to curb same-sex marriage. (Additional reporting by Leonard Anderson)