San Francisco Mayor defiant as conservatives return to court

San Francisco Chronicle ^ | 20 February 2004 | Lisa Leff

[MegaSilver]

SAN FRANCISCO (AP) -- As conservative groups returned to court in hopes of halting this city's same-sex marriage spree, Mayor Gavin Newsom remained defiant, officiating Friday at the wedding of one of California's most prominent lesbian politicians inside his offices at City Hall.

[2banana]

Let me see if I understand this.

The mayor and the city clerk's office of San Francisco are breaking the law in issuing homosexual marriage certificates. Homosexual couples, without a doubt, know that the city and the clerk's office are breaking the law but are applying for homosexual marriage certificates anyways.

These "newly" married homosexual couples will then go back to their communities and demand that local agencies, state agencies, private business and charitable organizations recognize their marriage certificates as legal and give them all the benefits that married couples under the law receive. If they do not get their way, they will sue using the law. If they win, they will want to collect damages that the law will allow.

Now does anyone else see a disconnect?

[MegaSilver]

If homosexual marriage succeeds, I imagine we will descend into the Fourth Reich.

[kellynla]

It may be a disconnect but its a win, win for the queers...And the governor doesn't have the balls to tell the CA AG to have the SF mayor arrested...

[Post Toasties]

I just came from a site where a big Newsom supporter and part time time political agitator (gay, San Fran resident, too) is crowing about how they are doing this to drag Bush into an open dispute in public with the San Fran mayor which he believes will allow the issue to be framed to George Bush's disadvantage until the election.

As I have posted elsewhere, this issue should be tied to Kerry, not Bush, which can't really be done just yet since Kerry doesn't have the 'Rat party nod.

Just a word to the wise.

[cinnathepoet]

I still think conservatives should show up in mass at their city halls with their pets, favorite chairs, grandmothers, etc. and demand marriage licenses, until people understand the problem a little better.

[syriacus]

Barney Frank voted against repealing the Marriage Penalty Tax...

I wonder if he will regret his decision, once married gays realize he wanted them to pay extra taxes.

[CA Conservative]

And the governor doesn't have the balls to tell the CA AG to have the SF mayor arrested...

You reveal your ignorance about the California constitution. In CA, the AG is not an appointed position, but an elected constitutional officer. Thus, Lockyer (a Democrat who wants to be governor in 2006), does not work for the governor, and the governor cannot demand that the AG do anything. The only remedies if Lockyer refuses to do his job would be impeachment (not likely with the Dem majorities in both legislative bodies), or another recall election.

[TommyUdo]

"If homosexual marriage succeeds, I imagine we will descend into the Fourth Reich."

Possible.

The History of Human Conflict is ripe with what I call "That's It!" moments. Some large, some small. Whether this is one, remains to be seen. What I fear next is that these "people" may soon have the ability to "turn the cannons."

[kellynla]

"the governor cannot demand that the AG do anything" want to make a wager on that? The governor can instruct the governor to enforce the laws of this state....and if the AG won't do it the governor can...since he is the chief law enforcement officer in the state...the AG works for the people of CA and the governor is above him...if the AG neglects his responsiblity and the governor "reminds" him and the AG does not then the governor can certainly have the mayor arrested...let me know how much you can afford to lose. ROFLMAO

[PokeyJoe]

I need two good looking women to volunteer to get married to me. We will go to SF, invite cameras, and ask for a license for a threesome marriage. When they refuse us a certificate because it is only limited to two people, we will sue the city using it's own argument that it is using in State court to compel them to recognize our threesome as a legitimate formulation of "marriage".

Please see my picture below.

You should look like . . .

If they want a demonstration of the slippery slope before the general election - I say... Let's give it to 'em!

[Dalan]

Yes, the contradiction and hipocrisy is absolutely breathtaking. I've never seen anything like it.

These people are breaking the law in order to try to gain the benefits bestowed by the law they are breaking.

I wonder what's going to happen when the first divorce from one of these "marriages" comes along? What if there are children involved?

[madprof98]

"I feel affirmed as a married man by what's happened here in San Francisco."

He feels AFFIRMED?!? What kind of man feels AFFIRMED?!?

[PokeyJoe]

one who has spent his life in an ivory tower of a liberal university and actually buys all that crap about self-actualization.

[Dog Anchor]

If the City of San Fracisco is going to defy state law why
doesn't the Govenor halt all state monies to the city of
San Francisco until the Mayor complies with the law. This way the Mayor does not become a martyr and the Govenor is helping to alleviate the state budget crisis.

[kellynla]

"why doesn't the Govenor halt all state monies to the city of San Francisco..." NO BALLS!

[PokeyJoe]

yeah, steriod use makes the cajones really really small.

[CA Conservative]

How much can YOU afford to lose?

Subject to the powers and duties of the Governor, the Attorney General shall be the chief law officer of the State. It shall be the duty of the Attorney General to see that the laws of the State are uniformly and adequately enforced. The Attorney General shall have direct supervision over every district attorney and sheriff and over such other law enforcement officers as may be designated by law, in all matters pertaining to the duties of their respective offices, and may require any of said officers to make reports concerning the investigation, detection, prosecution, and punishment of crime in their respective jurisdictions as to the Attorney General may seem advisable. Whenever in the opinion of the Attorney General any law of the State is not being adequately enforced in any county, it shall be the duty of the Attorney General to prosecute any violations of law of which the superior court shall have jurisdiction, and in such cases the Attorney General shall have all the powers of a district attorney. When required by the public interest or directed by the Governor, the Attorney General shall assist any district attorney in the discharge of the duties of that office.
California Constitution, Article 5, Section 13

"Subject to the powers and duties of the governor" does not mean that the governor can arrest anyone or order the AG to take any action; it merely places the AG's functions subordinate to the governor's duties. In other words, the AG does not have the authority to override the goveror or usurp his powers. The AG is the chief law enforcement officer in the state, no one else.

The other problem with your position, is that as far as anyone has shown me, no criminal act has occurred to support an arrest. The law the mayor is defying in not included in the criminal code, and there is no criminal penalty attached to violating it. At most, there could be civil penalties attached, but he would have to be sued for that, not arrested and tried.

[45Auto]

Lockyer expressed sympathy...

That's all we need to know about the State AG. I have no doubt that the vermin are going to get away with it; that the Cal SC will find faggot marriage "legal" and binding. Its the 'binding' part that many of these "couples" are going to rue when they find out how difficult and expensive it is to get a legal divorce in California! Gay Divorce Court - what a circus it will be!

[kellynla]

You have entirely too much idle time on your hands. Make it a thousand dollars and let me know when your mommy can take you to meet me at my bank. Judge Napolitano was on FOX and he said that if the AG didn't arrest the mayor that the governor could. I think I'd take the judge's legal expertise over yours. ROFLMAO