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Calif. Supreme Court Skeptical Over Same-Sex Marriage Licenses

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Kadie Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-25-04 09:12 PM
Original message
Calif. Supreme Court Skeptical Over Same-Sex Marriage Licenses
Edited on Tue May-25-04 09:16 PM by Kadie
Calif. Supreme Court Skeptical Over Same-Sex Marriage Licenses


Court Hears Two Hours Of Arguments Tuesday

POSTED: 11:16 am PDT May 25, 2004
UPDATED: 3:50 pm PDT May 25, 2004

SAN FRANCISCO -- California's Supreme Court justices have fired a barrage of skeptical questions at a City of San Francisco lawyer -- who argued the city had a right to issue same-sex marriage licenses.

The court heard two hours of arguments on whether Mayor Gavin Newsom exceeded his authority in issuing about 4,000 marriage licenses to gay couples.


Attorneys for the mayor said he had the authority to issue same-sex marriage licenses, and that he was not just trying to get around the normal legislative process.


"Your Honor, I don't think the mayor did or intended to eliminate the role of the courts, nor was he successful if that was his intent," said San Francisco Deputy City Attorney Therese Stewart.

more... http://www.thekcrachannel.com/news/3344846/detail.html


California Supreme Court appears inclined to rule against San Francisco on gay marriage

By DAVID KRAVETS -- AP Legal Affairs Writer
Last Updated 6:44 pm PDT Tuesday, May 25, 2004

SAN FRANCISCO - The California Supreme Court appeared likely to conclude that San Francisco Mayor Gavin Newsom abused his powers by issuing 4,000 marriage licenses to gay couples earlier this year.

While the court hasn't yet ruled, during two hours of oral arguments here Tuesday, several of the seven justices suggested that approving Newsom's actions would foment legal anarchy under which local officials could choose which laws to follow.

"Wouldn't that be setting a problematic precedent?" asked Justice Joyce Kennard. "Presumably, other local officials would be free to say ... I don't like that particular law, be it a ban on guns" or another issue.

That, she worried, would mean "no certainty of the rule of law."

http://www.sacbee.com/state_wire/story/9420087p-1034435...


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nadinbrzezinski Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-25-04 09:13 PM
Response to Original message
1. The hearing is not over
unless C-SPAN is on a repeat

And yes that is the conclusion from the line of questioning
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jono Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-25-04 09:39 PM
Response to Original message
2. A ruling against Newsom would not be unexpected.
The precedent would be atrocious. I just hope they let the marriages stand.
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