California calls marriage ban

2004-03-12 10:28

San Francisco - The California Supreme Court ordered an immediate halt to same-sex weddings in San Francisco. On the other side of the country, Massachusetts lawmakers gave preliminary approval to a constitutional amendment to ban gay marriages in the only US state where they have been ruled legal.

Teary-eyed couples were quickly turned away on Thursday at San Francisco's City Hall, where 4 161 gay couples have tied the knot in the past month.

"We were filling out the application and they told us to stop," said Art Adams, who was the first to be denied as he and partner Devin Baker sought a license. "It's heartbreaking. I don't understand why two people in love should be prevented from expressing it."

In the east, Massachusetts legislators were considering a constitutional amendment that would strip gay couples of their court-granted right to marriage but allow civil unions.

Massachusetts had taken centre stage in the national debate over gay marriage following a landmark decision by its highest court in November to allow them.

San Francisco Mayor Gavin Newsom's defiance of California law prompted officials in several other cities and counties across the nation to follow suit, and President George W Bush last month cited the San Francisco weddings when he announced that he supports changing the US Constitution to ban same-sex marriages. Dozens of states have also taken up the issue.

The high court's unanimous decision on Thursday marked a victory for conservatives who have been fighting for a month to block the rush to the altar by gay couples.

"They restored order to chaos in San Francisco," said Joshua Carden, an attorney with the conservative Alliance Defence Fund.

Governor Arnold Schwarzenegger, who said the dispute was "of fundamental statewide importance," declared following the court's order that the judiciary, not San Francisco City Hall, "is the appropriate venue for resolving questions pertaining to the constitutionality of our state laws".

Jon Davidson, an attorney for the Lambda Legal Defence and Education Fund, a gay rights legal aid group, said the ruling simply puts the issue on hold. Another 2 688 couples had wedding appointments.

"The court has put everything on pause rather than stop," he said. "They are saying that until we hear this, you are on pause."

The court said whether the California Constitution permits same-sex marriage is a question that should work its way through the lower courts. That process could take a year or more before it again reaches the state high court.

San Francisco, in response, immediately filed a lawsuit in state court demanding that a judge declare that the state constitution permits same-sex marriages.

"While we are disappointed with the interim stay of same-sex marriages here in San Francisco, we must remain cognisant that our overriding purpose is to ensure marriage equality for all Californians," City Attorney Dennis Herrera said.

- AP