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California Supreme Court: San Francisco mayor broke the law
Yesterday, as you've undoubtedly heard by now, the California Supreme Court ruled that San Francisco Mayor Gavin Newsom broke state law by issuing 3,995 marriage licenses to same-sex couples. The ruling is absurdly long, but it doesn't solve much. Chief Justice Ronald George explicitly wrote that the decision doesn't address "the substantive legal rights of same sex couples"—it just says that the marriages done earlier this year were invalid because Newsom didn't have the authority to grant them. A bunch of lawsuits filed yesterday aim to solve the question about whether Newsom's rationale for gay marriage—that California's constitutional prohibitions against discrimination trump the 1977 state law defining marriage as a union between a man and woman.

For now, it's a basic junior high social studies lesson: the legislative branch makes laws, the judicial branch interprets laws, and the executive branch implements and enforces the laws. These days, of course, the judicial branch makes the laws, the legislative branch tells them what laws they can't interpret, and the executive branch gets all the attention without actually doing much. Seriously, when the debate over abortion law focuses on the presidential election because of what judges he'll appoint, isn't something a bit amiss?

Oh yeah, we were talking about the California Supreme Court decision. Lots of opinion from the usual conservative Christian groups here. Here are the main news links:

• California Supreme Court rules gay unions have no standing | The court said that the mayor of San Francisco overstepped his authority by issuing gay couples marriage licenses (The New York Times)
• High court in Calif. nullifies gay marriages | San Francisco rites rejected; ban's constitutionality pending (The Washington Post)
• Gay rights activists weigh tactics of marriage push | Supporters say licenses for same-sex couples served broader purpose; others say they were a mistake (The Washington Post)
• State's high court voids S.F. same-sex marriages | The justices say the mayor overstepped in granting licenses to lesbian and gay couples. Constitutionality issue awaits further rulings (Los Angeles Times)
• Couples vow to fight for 'little piece of paper' | Though not a surprise, the ruling is a blow to many who considered themselves married. Some worry about the financial implications (Los Angeles Times)
• Calif. court voids gay marriages | San Francisco mayor faulted (The Boston Globe)
• California court voids same-sex 'marriages' | The California Supreme Court yesterday voided nearly 4,000 "marriages" granted to same-sex couples in San Francisco this year, ruling that city officials broke a state law and a voter-approved measure defining marriage as between a man and a woman (The Washington Times)
• A mayor overruled | Newsom found to violate California law by issuing same-sex licenses (San Francisco Chronicle)
• Newsom, unbowed by decision, says he is 'more resolved' | S.F. mayor reacts: Suit against state ban will continue (San Francisco Chronicle)
• Reaction of religious to marriage ruling is a mix of regret and relief | Bible used to support opposing views (San Francisco Chronicle)
• A setback, not an end | For long days last February, thousands of gay and lesbian couples stood happily in the rain and cold outside City Hall, waiting to be married. When this city welcomed the unions, the couples came by foot, bus and limo, carrying flowers and bringing along parents and children to mark the day (San Francisco Chronicle)

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August (Web-only) 2004, Vol. 48