Gay marriage opponents head to California court
February 26 2004 1:00 AM ET
Opponents of gay marriage asked the California supreme court on Wednesday to stop San Francisco from issuing any more same-sex marriage licenses and to nullify the thousands of weddings already performed there.
The lawsuit was filed by the Alliance Defense Fund less than a week after two state judges declined to stop San Francisco city officials from issuing the marriage licenses, more than 3,200 of which have been granted since February 12. Robert Tyler, an attorney for the Alliance Defense Fund, said that if local officials can declare what is state law and what is not, "we would have complete chaos in the system."
California state law bans gay marriage. But San Francisco mayor Gavin Newsom has argued that the California constitution's equal protection clause trumps state law and requires that all persons be treated equally. On Tuesday President Bush cited San Francisco's gay-marriage spree as well as a recent ruling by Massachusetts's highest court when he voiced support for an amendment to the U.S. Constitution banning same-sex marriage.