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)

[Rightwing Conspiratr1]

Now if I was governor of California... I'd mobilize the State militia, declare martial law in San Francisco, and have the rebel government in San Francisco imprisoned pending a court tribunal for malfeasance, fraud, and treason, and whatever else appears to apply here. Good thing I'm not the gubbernor of California.

[McGavin999]

Oh my goodness, maybe these people ought to sue the mayor. They don't seem to be married after all, what if one of them got pregnant? ;o)

[ShandaLear]

Aside from the legal and moral aspects of this, a complete disservice has been done to gay couples here. In fact, I would go so far as to call what the Mayor of SF has done to these people completely cruel.

[DoughtyOne]

I'm not sure what the civil penalties are for not upholding city and state law, but the mayor should be vulnerable and prosecutable.

I believe we are witnessing something that may be more dangerous to our society than homosexual marriage. When a societies leaders become willing to pick and choose which laws they will and will not honor, what does that say to the rank and file state residents?

Has our society come to the place where civil law is no longer valid, supportable or worthy of adherance? Not just kids are watching this, adults are finding out that civil law is hardly worth the paper it's written on these days unless it fits in with their world view.

That's a shame. We'll all pay for this, and on much more than just the aspects that touch on the homosexual question at hand.

[DoughtyOne]

That is true, but if corporations and local and state entities honor them, that point will be academic.

[DoughtyOne]

Wasn't that comment illegal... heh heh heh.

[Salvation]

Of course it does.

[DoughtyOne]

I believe your comments have merit, but it's my opinion that if nobody else honors these marriage certificates, the city will. In my opinion liberal bastions across this nation will network to support these unions. In the absense of a moral stand against these unions, I truly expect an outcome that legitimizes homosexual marriage and facilitates the severe effects that will have on this nation, our youth and society.

[George W. Bush]

The legality of the form is a minor issue.

Sodomy marriage is still illegal, whatever form they use.

[spokeshave]

Well, at least this bureaucrat is on the right side of the matter, refusing to accept the licenses as valid. Much better than the judge who refused to accept a suit against the gay marriage licenses because he objected to a semicolon.

Perhaps the good judge would like a full colon and an ennema to accompany it....?

[WOSG]

Nah, you dont need to be a perv ... just go down and get your dog married to your cat and demand 'equal rights' for that.

[lainde]

bttt

[EdReform]

LOL!

[sd-joe]

the blushing applicant two

Good point. It seems that the liberals manage to take all the humanity out of things.

[sd-joe]

LOL. I don't even want to hear what applicant #2 was.

[gathersnomoss]

Are you saying that even if they consummated the marital union, they are still not "legally married"? And how do lesbians consummate the "marraige" by having intercourse?

Oral sex is not sex and therefore I can assume that intercourse is now not intercourse. Look it up in the dictionary. I can see a rewrite in the near future.

Geesh, how can I even approach the birds and the bees with my kids? These alternative lifestyle, politically correct times are difficult to navigate.

[pogo101]

and he is us ... Pogo

Hey, that's MY line! :)

[Constantine XIII]

Bureaucrat Power ACTIVATE!

It's kind of like using the Ring of Power for good...wonder how long it lasts? :p

[Bobibutu]

and he is us ... Pogo

Hey, that's MY line! :)

You know it's kind of funny - I still have memories reading the original cartoon strip when it was published with Pogo saying that line.

[judgeandjury]

For men they replaced it with "pitcher" and "catcher."

Another pair of terms they could use for the men would be "impaler" and "impalee".