Posted on 02/16/2004 6:54:02 PM PST by SunStar
Stephen M. Crampton, Esq.
Monday, February 16, 2004
February 13, 2004
VIA FACSIMILE (916/445-4633)
Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814
Dear Governor Schwarzenegger,
I write to you today on a matter of the utmost importance not only to your great state, but to all Americans. It is an issue central to the rule of law, and whether our elected officials are truly under the law the same as all other citizens.
As you know, Mayor Gavin Newsom of San Francisco has purported to issue marriage certificates for same-sex couples. Our best information is that some 96 of these bogus certificates have already been issued. Of course, it is patently unlawful to issue marriage certificates to same-sex couples: Section 308.5 of the California Family Code plainly defines a valid marriage as being limited to one man and one woman.
Mayor Gavin not only acted in violation of the civil law, he apparently violated the criminal law as well. California Penal Code section 115 prohibits the knowing procurement of any false or forged instrument to be filed or recorded in any public office, making such an act a felony punishable by up to three (3) years in prison. Since Mayor Newsom has procured approximately 96 such false certificates, he may face up to 288 years in prison. To make matters even worse, the Mayor acted on the eve of a court challenge to prevent his arbitrary and unlawful actions, thus thumbing his nose at both the people of the State of California and the federal courts.
In light of these alarming developments, we call upon you as the people?s Governor of the State of California to immediately call for the arrest of Mayor Newsom and his removal from office. We also ask that you move to arrest and remove from office all other city officials participating in the issuance of the falsified licenses and bogus ceremonies.
I look forward to hearing from you as to what action you will take.
Sincerely,
Stephen M. Crampton
Chief Counsel
February 13, 2004
Hon. Bill Lockyer, Esq.
Attorney General,
State of California
California Department of Justice
P.O. Box 944255
Sacramento, CA 94244-2550
Dear General Lockyer,
I write to you today on a matter of the utmost importance not only to your great state, but to all Americans. It is an issue central to the rule of law, and whether our elected officials are truly under the law the same as all other citizens.
As you know, Mayor Gavin Newsom of San Francisco has purported to issue marriage certificates for same-sex couples. Our best information is that some 96 of these bogus certificates have already been issued. Of course, it is patently unlawful to issue marriage certificates to same-sex couples: Section 308.5 of the California Family Code plainly defines a valid marriage as being limited to one man and one woman.
Mayor Gavin not only acted in violation of the civil law, he apparently violated the criminal law as well. California Penal Code section 115 prohibits the knowing procurement of any false or forged instrument to be filed or recorded in any public office, making such an act a felony punishable by up to three (3) years in prison. Since Mayor Newsom has procured approximately 96 such false certificates as of yesterday, he may face up to 288 years in prison.
In light of these alarming developments, we call upon you to take immediate action as the state's highest legal officer, whose task is to "see that the laws of the state are uniformly and adequately enforced," as your website states. I call upon you to immediately have Mayor Newsom arrested, together with all other city officials participating in the issuance of the falsified licenses and bogus ceremonies.
I look forward to hearing from you as to what action you will take.
Sincerely,
Stephen M. Crampton
Chief Counsel
February 13, 2004
VIA FACSIMILE (415/554-4745)
Hon. Dennis J. Herrera, Esq.
City Attorney for the City of San Francisco
City Hall, Room 234
San Francisco, CA 94102
Dear Mr. Herrera,
I write to you today on a matter of the utmost importance not only to your city, but to your state and to all Americans. It is an issue central to the rule of law, and whether our elected officials are truly under the law the same as all other citizens.
As you know, Mayor Gavin Newsom has purported to issue marriage certificates for same-sex couples. Our best information is that as of yesterday, some 96 of these bogus certificates have already been issued. Of course, it is patently unlawful to issue marriage certificates to same-sex couples: Section 308.5 of the California Family Code plainly defines a valid marriage as being limited to one man and one woman.
Mayor Gavin not only acted in violation of the civil law, he apparently violated the criminal law as well. California Penal Code section 115 prohibits the knowing procurement of any false or forged instrument to be filed or recorded in any public office, making such an act a felony punishable by up to three (3) years in prison. Since Mayor Newsom has procured approximately 96 such false certificates, he may face up to 288 years in prison.
In light of these alarming developments, we call upon you to take immediate action as the city attorney. Mayor Newsom should be arrested and prosecuted to the fullest extent of the law, together with all other city officials participating in the issuance of the falsified licenses and bogus ceremonies. Nothing short of full and vigorous prosecution will suffice under these extreme circumstances.
I look forward to hearing from you as to what action you will take.
Sincerely,
Stephen M. Crampton
Chief Counsel
SMC:st
It is imperative that California residents act to pressure the state government to act and to enforce the laws of the state. Mayor Newsom should be removed from office, by criminal complaint, if necessary.
This is our Republican Governor, folks... It's time to demand results.
That's a good one. Knee slapper.
Seeing long lines of people waiting in line in the rain for what will be, at this time tomorrow, worth a few bucks on eBay as a novelty item was rewarding.
I have been wondering why some Conservatives up there (of the 5 or 6 extant) didn't go in and ask to have a group of 3 or 4 be married. I mean, if the gender is irrelevant, so should be the number. What is so special about 2 anyway?
THAT would have been good -- if I was young, straight, single, conservative and in the Bay Area....OMG what am I thinking? Never mind....
(OK, it was a stereotype, but any Bay Area FReepers have an answer for me?)
Those FReepers will be horrified if they were really granted a license...
California Penal Code section 115 prohibits the knowing procurement of any false or forged instrument to be filed or recorded in any public office, making such an act a felony punishable by up to three (3) years in prison. Since Mayor Newsom has procured approximately 96 such false certificates, he may face up to 288 years in prison.
This is delightful. It is high time we started throwing public officials into jail for not following the laws they foist on the rest of us. You can bet that were it to happen there would be a quick review of current California statutes with perhaps some salutory modifications.
This is going to make a GREAT campaign issue for the next conservative to run as California Attorney General.
Hmm, I'm wondering if the law says anything about both parties having to consent to the marriage?
I might just show up on my own and demand a certificate for myself and Brittany Spears, Claudia Schiffer, and anyone else I can think of along the way...
Hey, when anything goes, anything goes...
OK, so when the other shoe drops what will this mayor claim about his civil disobedience? That he was insane?
I would think they would wear it as a badge of honor -- but most importantly they would HAVE BEEN DENIED! Just bring the media along so it can't be wished away like the Laws of the State of California. Of course, had the application been accepted they could have just not gone through with it.
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And to recover all costs incurred by staffing, printing certificates etc....while said offices were opened on Saturday Feb 14, Sunday Feb 15 and Monday Feb 16.....as said Newsom and his agents broke their FIDUCIARY responsibility in the proper disposition of the peoples monies. That is Newsom and his agents are PERSONALLY responsible to reimburse all funds to the City of San Francisco.
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