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San Francisco Mayor Violated Governor, Supreme Court On Gay Marriage
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| Contributor | Gerald Farinas |
| Last Edited | Gerald Farinas Mar 30, 2004 02:02pm |
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| Category | News |
| News Date | Tuesday, March 30, 2004 06:00:00 AM UTC0:0 |
| Description | San Francisco Mayor Violated Governor, Supreme Court On Gay Marriage
Gaywired.Com
California's Attorney General says San Francisco Mayor Gavin Newsom's decision to allow same-sex couples to marry was a power grab that violated the separation of powers by assuming "more power than the Governor, or the Supreme Court, or the Legislature." The argument by Bill Lockyer is part of his brief to the California Supreme Court which was filed Thursday. The court is considering whether Newsom had the legal authority to direct the county clerk to begin issuing marriage licenses to gay and lesbian couples. The 29-page brief rejects the city's argument that local officials were obligated to grant the licenses because the California Constitution forbids discrimination.
San Francisco City Attorney Dennis Herrera submitted his brief to the California Supreme Court last week defending the mayor's actions. Herrera said that California case law is filled with examples of public officials, including previous attorneys general, refusing to enforce laws on constitutional grounds. Herrera also pointed to other state Supreme Courts, most recently the one in Massachusetts, that already have held that denying gay couples the right to wed is unconstitutional. "San Francisco's officials honored the law; they did not ignore it," Herrera said. |
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