Calif. Top Court Annuls San Francisco Gay Marriages

freeandfun1

VIP Member
Feb 14, 2004
6,201
296
83
Calif. Top Court Annuls San Francisco Gay Marriages
SAN FRANCISCO (Reuters) - California's Supreme Court annulled more than 4,000 gay marriages in San Francisco on Thursday, finding that the city acted improperly in granting the marriage licenses earlier this year in defiance of state law.

The mayor of the liberal city ignited a passionate nationwide debate in February by allowing 4,037 same-sex couples to wed over a four-week period before the California high court halted them as it reviewed the city's actions.

A California law backed by a voter referendum defines marriage as a union of man and women, and polls show most Californians continue to oppose gay marriage.

Finally, common sense prevails in California. Can you believe it?
 
I would NOT be surprised if the 9th Circus doesn't override the state court's decision.
 
The ruling does not "outlaw" or have anything to do with the marriages, in actuality. It simply threw out the certificates as invalid due to the mayor overstepping his authority.

Read this:

The court said the city violated the law when it issued the certificates and performed the marriage ceremonies in a monthlong wedding march that began Feb. 12, since both legislation and a voter-approved measure defined marriage as a union between a man and woman.

The court, however, did not resolve whether the California Constitution would permit a same-sex marriage, ruling instead on the narrow issue of whether local officials could bypass California's judicial and legislative branches.

Chief Justice Ron George noted that Thursday's ruling doesn't address "the substantive legal rights of same sex couples. In actuality, the legal issue before us implicates the interest of all individuals in ensuring that public officials execute their official duties in a manner that respects the limits of the authorities granted to them as officeholders."

So the law of the land defines a marriage as only between a man and a woman, and the mayor circumvented the LAW by issuing the marriages licenses.
 
Mr. P said:
Hummm..I didn't think an appeals court could over rule the state Supreme court.

Perhaps not. Frankly, I am not sure. But from what I understand, FEDERAL courts CAN override state courts. But I admit, I don't know so maybe I am wrong.
 
Fmr jarhead said:
The ruling does not "outlaw" or have anything to do with the marriages, in actuality. It simply threw out the certificates as invalid due to the mayor overstepping his authority.

Read this:



So the law of the land defines a marriage as only between a man and a woman, and the mayor circumvented the LAW by issuing the marriages licenses.

True..
 
freeandfun1 said:
Perhaps not. Frankly, I am not sure. But from what I understand, FEDERAL courts CAN override state courts. But I admit, I don't know so maybe I am wrong.

I just did some quick reading. If the Federal Appeals court decides this decision violates Federal law, then they CAN override the state court.
 
Here's some more....

A California law backed by a voter referendum defines marriage as a union of man and women, and polls show most Californians continue to oppose gay marriage.

"We agree with petitioners that local officials in San Francisco exceeded their authority by taking official action in violation of applicable statutory provisions," the court wrote.

The court ordered officials "to take all necessary remedial steps to undo the continuing effects of the officials' past unauthorized actions, including making appropriate corrections to all relevant official records and notifying all affected same-sex couples that the same-sex marriages authorized by the officials are void and of no legal effect."

They should make the mayor call every couple and inform them, himself, since he is the one who broke the law. Is there any civil action that can be taken against him for breaking the law while using the authority of the city's govenment? Sounds to me like grounds for removal.
 
Fmr jarhead said:
Here's some more....



They should make the mayor call every couple and inform them, himself, since he is the one who broke the law. Is there any civil action that can be taken against him for breaking the law while using the authority of the city's govenment? Sounds to me like grounds for removal.

There is a clear criminal case against him, but for some reason, Cali has not pursued it.
 
Yeah, I think that's right...Free..The Fed Circuit could do that, but Then it could go to the U.S. Supreme Court on appeal.

However, from what Jarhead posted, it looks pretty cut an dry to me.
 
Mr. P said:
Yeah, I think that's right...Free..The Fed Circuit could do that, but Then it could go to the U.S. Supreme Court on appeal.

However, from what Jarhead posted, it looks pretty cut an dry to me.

I agree.
 
Mr. P said:
Nope! Who would have thunkit..Maybe there's hope for the left coast after all.
Nahhhhhhhhhhh...Maybe the Court was just afraid of being called "GIRLYMEN".

:rotflmao:

there is nothing wrong w/ the west coast. we just get the liberal wrap cuz of the hollywood types.
 
It does not stand in the way of judges that a case is cut and dried. That is the whole argument that some people have for a constitutional amendment. Judges, in their infinite stupidity and overreaching zealousness, will just declare that the California law stating what a marriage is is in valid...same as Massachusetts basically.

Those opposing homosexual marriage argue that the amendment is necessary because without strict guidelines in the constitution, whatever a judge says is law- regardless of the lack of foundation for their meddling, it's turned out that way in numerous cases and no one, as yet, has found a way around it.
 
cali's the best state there is, that's why everyone wants to come and freakin' move here! it's drivin me nuts!!
 
deciophobic said:
cali's the best state there is, that's why everyone wants to come and freakin' move here! it's drivin me nuts!!

Move'n to Cali? LMFAO!

I live in Vegas and a large CHUNK of your state has moved here. People are fleeing California as fast as they can. The only people moving there are illegal immigrants. If it is such a great state, why are so many people MOVING OUT of the state?
 
freeandfun1 said:
Move'n to Cali? LMFAO!

I live in Vegas and a large CHUNK of your state has moved here. People are fleeing California as fast as they can. The only people moving there are illegal immigrants. If it is such a great state, why are so many people MOVING OUT of the state?

deciop obviously knows nothing about cal free.

As far as the mayor of San Fran goes, he should be fired, brought up on charges, and then thrown in jail for breaking the law.
 

Forum List

Back
Top