link California Supreme Court voids gay marriages in San Francisco, saying mayor overstepped authority DAVID KRAVETS, Associated Press Writer Thursday, August 12, 2004 (08-12) 10:14 PDT SAN FRANCISCO (AP) -- The California Supreme Court voided all same-sex marriages sanctioned by San Francisco this year and ruled Thursday that the city's mayor overstepped his authority by issuing licenses to gay and lesbian couples. The court said the city violated the law when it issued the certificates, since both legislation and a voter-approved measure defined marriage as a union between a man and woman. The justices decided with a 5-2 vote to nullify the nearly 4,000 marriages peformed between Feb. 12 and March 11, when the court halted the weddings. Their legality, Justice Joyce Kennard wrote, must wait until "the constitutionality of California laws restricting marriages to opposite-sex couples has been authoritatively resolved through judicial proceedings." The court, however, did not resolve whether the California Constitution would permit a same-sex marriage, ruling instead on the narrow issue of whether local officials could bypass California's judicial and legislative branches.
So technically they did not invalidate gay marriage, just the specific licenses for marriage approved by San Francisco's mayor because he bypassed proper legal procedure.
Court made the right decision. Civil disobedience is meant to stir the masses to take either legislative or judicial action, not replace them. I would have been very concerned about future repercussions (on other issues) if the judges had allowed it to stand. Hopefully, however, this will encourage someone to file a proper legal challenge to the state law.
exactly. frankly, i understand both sides of the argument. but there is a proper process in our system for everything. this is the right call. as subatomic said...a proper challenge to the state law is far more appropriate.
