California to ask state supreme court to stop same-sex weddings
February 25 2004 1:00 AM ET
Facing increased pressure to intervene in San Francisco's same-sex marriage debate, California attorney general Bill Lockyer said he'll go directly to the state supreme court to try to resolve the deeply divisive issue. "The people of California who have enacted laws that recognize marriage only between a man and a woman--and the same-sex couples who were provided marriage licenses in San Francisco--deserve a speedy resolution to the question of the legality of these licenses," Lockyer said late Monday.
Lockyer said he would ask the state's highest court Friday whether San Francisco's issuing of same-sex marriage licenses violates state law, which designates marriage as only between a man and a woman. The announcement from Lockyer, a leading Democrat and potential rival to Gov. Arnold Schwarzenegger in the 2006 gubernatorial election, also was an attempt to stave off criticism from Republicans, who have been upset at the reluctance of the state's top lawyer to enter the debate. Schwarzenegger ordered Lockyer on Friday to "take immediate steps" to get a court ruling to make the city stop the gay weddings. More than 3,200 same-sex couples have been married since San Francisco mayor Gavin Newsom decided to give out the licenses beginning February 12.
Also Tuesday, a statewide Field Poll found that Schwarzenegger's highest disapproval rating on nine issues came on same-sex marriage, where 42% of people disapprove of his performance, 39% approve, and 19% have no opinion. The survey of 306 registered voters was conducted in the two days after the governor's call on Friday for Lockyer to take action. The margin of error is six percentage points.
Conservative groups have sued the city of San Francisco, but two judges declined to immediately halt the wedding spree. The next hearing in those cases isn't scheduled until late March. San Francisco officials had already filed their own lawsuit with the state supreme court, arguing that California's prohibitions on same-sex marriages are unconstitutional. The supreme court is not required to take either case and could decide to wait until the issues get worked out in the lower courts before they are ripe for a hearing.
Former Republican attorney general Dan Lungren scheduled a statement Tuesday to criticize Lockyer. Lungren, who is running in the primary for the open seat in the third congressional district, has called on his successor to "do his constitutional duty to immediately enforce California marriage law." Critics of the marriages, including the Campaign for California Families, argue that gay weddings harm the 61% of California voters who supported Proposition 22, a ballot initiative in 2000 that said the state would recognize marriage only between a man and a woman as valid.
Newsom, a Democrat, maintains he is following a higher law--"the state constitution, which explicitly outlaws discrimination of any kind," spokesman Peter Ragone said. "We believe the city's actions are both lawful and a recognition of the love that many couples share. The bottom line is, the legal process is working, and those who would suggest otherwise do so only for political gain. We believe we are upholding the constitution. Others may disagree. We look forward to the court's ruling."
Over the weekend, Schwarzenegger said he was worried about the potential for violence when protesters clashed with gay couples and their supporters outside City Hall. Ragone disputed the governor's view, saying things were peaceful. Many of the weddings have been held on the building's grand marble staircase, while groups of people outside have turned the scene into a joyous marathon wedding reception with bands, songs, cheers, and cake.