California Supreme Court halts SF licenses March 11

Ruling “Hits the ‘Pause’ Button, Not the ‘Stop’ Button” and Doesn’t YetAddress Substantive Questions on Marriage for Same-Sex Couples in SanFrancisco, Lambda Legal Says

LAMBDA LEGAL NEWS RELEASE, March 11, 2004

(San Francisco, Thursday, March 11, 2004) ? A California Supreme Courtruling this afternoon temporarily keeps San Francisco officials fromissuing more marriage licenses to same-sex couples, but the court has notyet addressed whether it’s constitutional to deny marriage to lesbian andgay couples, Lambda Legal said.

The California Supreme Court put the matter on hold while the courtconsiders a lawsuit filed by antigay groups. Since Mayor Gavin Newsombegan issuing license to same-sex couples last month, judges have refusedto intervene five times.

“All that happened today is that matters were put on hold. This rulinghits the ‘pause’ button, not the ‘stop’ button,” said Jon Davidson, SeniorCounsel for Lambda Legal in its Western Regional Office in Los Angeles.”Today is just the beginning of our fight on behalf of these marriedcouples and others who have not yet gotten married. This case willultimately resolve whether the California Constitution requires thatsame-sex couples be given the equal right to marry.”

The National Center for Lesbian Rights, Lambda Legal and the ACLUintervened into the case against the City of San Francisco on behalf ofseveral same-sex couples who were married during the first week SanFrancisco was issuing marriage licenses to same sex couples, a SanFrancisco couple who wants to marry and Equality California (a statewidelesbian and gay advocacy group) on behalf of its members.

The City of San Francisco began issuing marriage licenses to same-sexcouples last month when Newsom said the state Constitution’s guarantees ofequality and due process required him to issue licenses to same-sexcouples. California state statutes prohibit recognition of marriagebetween same-sex couples — but those statutes would have to comply withthe state Constitution to remain valid, and before this week Californiacourts had never been asked to consider whether they are constitutional,Lambda Legal said. The California Supreme Court’s ruling today does notaddress any of those substantive issues, nor does it address Newsom’sauthority as mayor to issue the marriage licenses. Those questions will beargued in the next couple of months.