S.F. to Sue State Over Gay Marriage Ban
After sanctioning more than 2,800 gay marriages in the past week, the city said Thursday it is suing the state of California, challenging its ban on same-sex marriages on constitutional grounds.City Attorney Dennis Herrera planned to file the suit in the afternoon, said his spokesman, Matt Dorsey.
Two judges already are considering challenges from conservative groups seeking to halt the marriage spree that began last Thursday. The city's lawsuit asks that those cases be consolidated into one.
Details here from the AP.
Comments
I'm confused about one aspect of this controversy. How could the city of San Francisco legally issue marriage licenses to the gay couples, if doing so is clearly a violation of the state law? That the law itself may be in violation of the state's constitution is not valid grounds for breaking the law. Only until that law (or parts of it) has been declared unconstitutional can the city sanction the marriages.
By claiming that the city was "obliged to issue marriage licenses to same-sex couples to avoid violating the equal protection clause of the California Constitution," the mayor is simply begging the question. In other words, his reasoning already assumes his conclusion is true.
Posted by: Arvind Radhakrishna | February 21, 2004 8:25 PM
Thats an easy answer. Nothing in a California court matters.
I believe they are referring the equal protection clause of the US Constitution, not the California constitution.
Posted by: David Grant | November 15, 2004 1:20 AM