CA: SF mayor moves to grant marriage licenses to gay couples

AP via Contra Costa Times ^ | Feb. 10, 2004 | LISA LEFF

[calcowgirl]

SAN FRANCISCO - Mayor Gavin Newsom told the county clerk Tuesday to investigate what San Francisco needs to do to start issuing marriage licenses to same-sex couples, an act that would contravene California law.

The newly elected Democrat said he wants all "forms and documents used to apply for and issue marriage licenses" to be revised by County Clerk Nancy Alfaro so they can be provided "on a nondiscriminatory basis, without regard to gender or sexual orientation."

"Less than a month ago I took the oath of office here at City Hall and swore to uphold California's Constitution, which clearly outlaws all forms of discrimination," Newsom said in a statement. "Denying basic rights to members of our community will not be tolerated."

If Newsom's request is honored and implemented within the short time he hopes, San Francisco would become, at least symbolically, the first place in the nation where gay and lesbian couples could wed. The Massachusetts Supreme Court has cleared the way for the state to start sanctioning marriages between same-sex couples as early as mid-May.

A spokesman for Newsom acknowledged that the mayor's request was an act of protest as well as public policy. State law explicitly defines marriage as an act between a man and a woman, a prerequisite Newsom considers "codified discrimination," said Peter Ragone, Newsom's spokesman.

"What the mayor is doing is asking the county clerk to make the necessary changes so same-sex couples will no longer be discriminated against," Ragone said, adding that Newsom hopes to personally officiate at a wedding between two grooms or two brides within a week.

At this point, however, it remains unclear whether the couples' marriage licenses would be worth the paper they're printed on, since marriage is a matter of state law.

Alfaro, the county clerk, said she supports the mayor's aims but thinks it might be hard to pull off that quickly. She said she plans to consult with the city attorney on Wednesday to see what repercussions the city would face if it proceeds with Newsom's idea.

"I don't know what options we have or if we can do this," Alfaro said. "We have always treated (the granting of marriage licenses) as a state-mandated function."

The state attorney general's office could not immediately be reached for comment.

Ragone said the 36-year-old mayor wanted to weigh into the roiling national debate over legalizing marriage for gay and lesbian couples because of San Francisco's historical role as a haven of tolerance for gay people. San Francisco's 8,902 same-sex couples make up 2.7 percent of the city's households, the highest percentage of anywhere in the country, according to the 2000 Census.

California Assemblyman Mark Leno, who plans to introduce legislation this week that would make marriage for gay and lesbian couples legal statewide, applauded Newsom's move as a "another statement of civil disobedience" that could ultimately form the basis for a successful legal challenge of the state's ban on gay marriages.

In addition to the language contained in its family code, California is one of 38 states with specific laws barring marriage between people of the same sex. In 2000, 61 percent of voters approved a ballot measure that prohibits California from granting marital rights to same-sex couples who are legally married in another state.

Nevertheless, California is widely considered by gay rights activists to have the nation's second most gay-friendly laws after Vermont. Last year, the legislature approved, and then-Gov. Gray Davis signed, a measure granting same-sex couples who register as domestic partners all the legal rights and responsibilities of married spouses, save the exception to file joint income taxes.

[pollywog]

I have a idea!! Let's send all the illegals in Ca to San Francisico and give San Francisco as a gift to Mexico!! LOLOL!!!

[ServesURight]

Come on, SF! You can do it! You gotta maintain your homo title somehow!

[ServesURight]

Go SF!

[Mark]

And Democrats will shake their heads in disbelief, BUT still vote Democrat. Well, maybe a few will give up, stay home, or even switch parties.

[Between the Lines]

Are the governments of San Francisco City and SF County merged together? If not how can the mayor command the county clerk to do anything and why would the county clerk consult with the city attorney?

[BlessedByLiberty]

It is officially the City and County of San Francisco.

Soon to be called the Queen City if Newsom gets his way.

[Amerigomag]

Not a day goes by that I'm not suddenly reminded of the truly bizarre nature of the residents of the City and County of San Francisco.

One could make a viable argument that the inordinant power that it's residents command in the state government has had a direct influence on the moral, ethical and financial collapse of the state.

[Between the Lines]

Thanks for the info. Makes more sense that way.

[calcowgirl]

Are the governments of San Francisco City and SF County merged together?

Yep. Mayors office is the Executive Branch for the 'city and county of SF'.

See Organization Chart Here

[sgtbono2002]

Fruits are notoriously frivolous about who they have sex with,Marriage?? Yeah in name maybe. I wonder how many will be virgins on their wedding night. Something borrowed something blew< Yeah they borrow Aids from a former partner and get blown at the reception. Will the Bride wear white??Well first we need a vote to discover who is the bride.At least the wedding gift is easy , a dildo for the girls and KY for the guys.The Bride and Groom will be listed at the Local Peep booth , Glory hole adult toy store for those who dont wish to buy them anything they already have.

[South40]

Typical of the Gay Bay.

[Simmy2.5]

I'm shocked I tell ya! After all, it took this long?

[zygoat]

"And Democrats will shake their heads in disbelief, BUT still vote Democrat. Well, maybe a few will give up, stay home, or even switch parties."

That's the thing that gets me. I'm by no means an angel, but I'll be damned if I'll be associated in any way,shape or form with this bunch of deviant,welfare sucking,anti-American, lying bunch of idiots known as the democrat party.And I mean this from the kindliest blue haired grandma to the almost respectable Zell Miller, if you identify yourself as a dem, you stand beside the rest of the freakshow. Sorry about the rant, it's been a rough day.

[Redcoat LI]

We,the citicens of the Commonwealth of Massachusetts laugh at your puny attempts to steal our glory as the gayest state in America.
One city!!!!Our whole state is going gay.
Losers.

[marron]

Fake marriage certificates for fake marriages. Perfect.

[Uncle Hal]

Folks in the run off Newsom was the more conservative of the 2 candidates. His opponent was the Green Party's Matt Gonzalez, who was further left than Newsom. Newsom barely won with 53% of the vote although he outspent his opponent 10 to 1. Shows you how far to the left SF is.

[jerri]

"We,the citicens of the Commonwealth of Massachusetts laugh at your puny attempts to steal our glory as the gayest state in America.
One city!!!!Our whole state is going gay."

LOL!