Wrong Form May Invalidate Calif Same-Sex Marriages

Reuters ^ | 2.18.04 | Spencer Swartz

[mhking]

SAN FRANCISCO (Reuters) - California will not accept the marriage licenses granted to thousands of same-sex couples in San Francisco because the city created its own form to remove such terms as "bride" and "groom," a state official said on Wednesday.

"There is a statewide form that every county has to use for marriage applications. If we receive application forms that are different from the single form used throughout the state, we will not accept them," said Nicole Kasabian Evans, a spokeswoman for the Health and Human Services Agency.

Meanwhile, President Bush joined a chorus of those opposing San Francisco's nearly week-long experiment in allowing gay marriages, a practice condemned on Tuesday night by California's Republican Gov. Arnold Schwarzenegger.

Evans said her agency, which processes all state marriage license applications that become state records, would return the forms if the city sent them in -- but she admitted that the issue will really be decided in the courts because the weddings violate a state law defining marriage as being between a man and a woman.

Nancy Lafaro, director of the San Francisco County Clerk's office, said the marriage license applications gay and lesbian couples in San Francisco have filled out since last Thursday were changed. "For example, instead of saying bride or groom, the form in San Francisco says applicant one and applicant two," she said.

Lafaro added the same-sex marriage application form also uses the terms "unmarried individuals" rather than "unmarried man" or "unmarried woman.

EQUAL PROTECTION STANCE

About 2,600 gay and lesbian couples have been married since Mayor Gavin Newsom allowed same-sex marriages on grounds that homosexuals have the right to wed under the state's equal protection clause.

Same-sex marriages, however, defy Proposition 22, a law approved in 2000 by California voters, that restricts marriage to heterosexual couples. The measure passed with support from about 60 percent of those who voted on the initiative.

President Bush on Wednesday told reporters in Washington he was "troubled" by San Francisco's same-sex marriages.

"I have consistently stated that I'll support (a) law to protect marriage between a man and a woman. And, obviously, these events are influencing my decision," Bush said in his first public comments on the city's same-sex marriages.

On Tuesday night, Schwarzenegger said he supported California's domestic partnership laws but called on San Francisco to obey Prop. 22.

"Californians spoke on the issue of same-sex marriage when they overwhelmingly approved California's law that defines marriage as being between a man and a woman. I support that law and encourage San Francisco officials to obey that law. The courts should act quickly to resolve this matter," he said.

Gay and lesbian couples continued to roll into San Francisco city hall on Wednesday to exchange wedding vows a day after two California state judges refused to issue temporary restraining orders to halt the practice California Superior Court Judge James Warren asked San Francisco to "cease and desist" from issuing more marriage licenses but agreed to let city lawyers argue on March 29 why it should be allowed to wed gay and lesbian couples.

A second California judge, Robert Evans Quidachay, on Tuesday delayed a hearing until Friday on another lawsuit challenging the decision to allow same-sex marriages. (Additional reporting by Adam Entous)

[mikrofon]

I understand they had to throw out some of the forms because the line for 'Applicant' was filled in as "KY"...

[Samwise]

The real problem is not the wrong paper form--it's the wrong human form.

[an amused spectator]

California will not accept the marriage licenses granted to thousands of same-sex couples in San Francisco because the city created its own form to remove such terms as "bride" and "groom," a state official said on Wednesday.

Oh, man - I am hoping and praying that the State of California accepts these forms as is.

I can't wait to submit my very own "original artist" state income tax forms - I mean, people in California can make up state forms, submit them and have them accepted, can't they?

And as California goes, so goes the nation, right?

I'll just get rid of various annoying lines on the state-issued form and all will be right in my little world. ;-)

[LearnsFromMistakes]

San Francisco Superior Court Judge James Warren told plaintiffs their argument likely would succeed but rejected their petition because of a misplaced semicolon.

Three threads:
http://www.freerepublic.com/focus/f-news/1080354/posts
http://www.freerepublic.com/focus/f-news/1080629/posts
http://www.freerepublic.com/focus/f-news/1080159/posts

What goes around...

[imadeepdiver]

wait this just in from sin Francisco...The city has found a way to grant a liscense for lesbians. They will grant them a Liqour liscense...

[Redcloak]

If the San Francisco forms turn out to be invalid, does that mean they have to refund all of those license fees they've collected?

[commish]

Te judge refused to hear the case to issue an injuction against SF marriages. The basis of his refusal was that the Complaint had a Semi-colon out of place.

Apparently this judge prefers his colons filled.

[ZOOKER]

Newsome may try to bull it on through by going back to the old forms and performing the marriages anyway.

1/2 the lesbians will sign as "husbands" and 1/2 the gays will be "wives". Think they'll have a problem with that? No.

This situation needs decisive action, not beaurocratic cowardice. IMO this ain't gonna cut it.

[commish]

There is a statewide form that every county has to use for marriage applications. If we receive application forms that are different from the single form used throughout the state, we will not accept them

Sounds like we have a massive case of FRAUD here by the city of San Francisco.

To this point the City has made in excess of $250,000 using FRADULENT forms to issue ILLEGAL Marraige Licenses.

[Bobibutu]

"I doubt a jury in San Franciso would convict."

To true ..

as I understand this:

The Mayor gets fired up after hearing GWB speak.

Instructs his staff to find a way.

They come up with a document that is not recognized by the State.

They sell it at $104 a pop to the general population.

Judges won't touch it.

The Governor won't touch it.

Sounds like fraud to me but the gays want so to believe in it. They won't bitch about being taken for $104.

They see it as a step.

So: We have Feds who won't enforce our laws. We have State Officials who won't enforce our laws and are willing to go out of their way to circumvent them.

Bureaucrats are a pain in the @ss however they keep the ship steady when we elect idiots.

I love my home state (CA) and carry the burden.

We have met the enemy ... and he is us ... Pogo

[Master of Orion]

I'm surprised NAMBLA hasn't jumped on this bandwagon.

[Bobibutu]

"I can't wait to submit my very own "original artist" state income tax forms - I mean, people in California can make up state forms, submit them and have them accepted, can't they?"

Woah - cool... you are way out there on the curve - Let's keep in touch - I would LOVE to participate with you on jabing the FTB up the wazoo with this one.

YeeeeHaaaa Let Anarchy Reign - If our elected officials won't act properly.

[skip_intro]

Folks, this is California. Don't be surprised if the court decides to invalidate all previous marriage licenses because they contain the "hateful, bigoted and homophobic" terms bride and groom. It could happen.

[Sweet_Sunflower29]

I am sure that many young girls imagine the day when they themselves are the blushing applicant two...

[Paleo Conservative]

That's rather ironic.

[Slings and Arrows]

For lesbians they put "takes out the trash" and "submissive."

Which one leaves the toilet seat up?

[cameronsmom]

or for lesbians

tongue

and

groove

-you know, that is how two lesbians build a house...

[FatherOfLiberty]

wait this just in from sin Francisco...The city has found a way to grant a liscense for lesbians. They will grant them a Liqour liscense...

Does that mean the gays will be licensed by the city as Plumbing Inspectors?

[longtermmemmory]

First the semi-colon and now the wrong form. Who wants to make a bet that the wrong form will not matter but the semi-colon will matter.

[KneelBeforeZod]

HA HA