Feb 20, 2004  |  By: JOE CREA  | COMMENTS     

SAN FRANCISCO — Two state judges delayed action to stop San Francisco from issuing same-sex marriage licenses on Tuesday, following Mayor Gavin Newsome’s decision that the city should not deprive gays of the right to marry. At press time, the city has married more than 2,600 gay couples since Valentine’s Day weekend.

However, state officials announced on Wednesday that they would consider the licenses invalid because the city has altered the approved standard form, according to the Associated Press.

For gay and lesbian couples, San Francisco officials replaced “bride” and “groom” with “first applicant” and “second applicant.”

“We do not validate or invalidate the marriage. It would simply not be recorded or registered with the state,” said California Health & Human Services Agency spokeswoman Nicole Kasabian Evans. “Our role is ministerial in nature.”

The licenses, which have been issued since late last Thursday, have triggered a flurry of protests and even attracted the attention of the White House.

President Bush suggested on Wednesday that the gay weddings in San Francisco were affecting his own decision about whether to officially back a federal amendment banning gay marriage, something his aides have told conservative groups he plans to do soon.

“I have watched carefully what’s happening in San Francisco, where licenses were being issued, even though the law states otherwise,” Bush said during an Oval Office session with Tunisian President Zine El Abidine Ben Ali. “I have consistently stated that I’ll support law to protect marriage between a man and a woman. Obviously these events are influencing my decision.”

He reiterated his position that marriage should be defined as a union between a man and a woman and added he was “troubled by activist judges who are defining marriage.”

Even the often restrained First Lady, Laura Bush, who is on a fund-raising tour for her husband’s campaign, weighed in on the debate and said gay marriages are “a very, very shocking issue” for some people.

“It’s an issue that people want to talk about and do not want the Massachusetts Supreme Court, or the mayor of San Francisco to make their choice for them. I know that’s what the president thinks,” said Mrs. Bush who did not express her own opinions about gay marriage.

“I think people ought to have that opportunity to debate it, to think about it, to see what the American people really want to do about the issue,” she said.

California Republican Gov. Arnold Schwarzenegger said in a statement this week that San Francisco must stop issuing marriage licenses.

“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 I encourage San Francisco officials to obey that law,” the former actor said.

Schwarzenegger has said he opposes gay marriage but supports domestic partnerships.

Several socially conservative groups including the Campaign for California Families, the Arizona-based Alliance Defense Fund and the Proposition 22 Legal Defense & Education Fund filed lawsuits seeking injunctions against the city.

Judge calls for March hearing
San Francisco Superior Court Judge James Warren issued an order telling the city to cease and desist from issuing the licenses or he would require Newsom and other city officials agreed to appear at a hearing on March 29. City officials agreed so they can continue issuing marriage licenses.

And San Francisco County Superior Judge Ronald Quidachay said on Tuesday that he was not prepared to rule until Friday on injunctions brought by the Campaign for California Families and the Alliance for Defense Fund.

Jenny Pizer, a senior staff attorney at Lambda Legal, said that for these groups to obtain an injunction, they must show they will suffer irreparable harm if the city continues to issue the licenses.

“It’s a three-part test that opponents must win,” Pizer said. “First, is there irreparable harm to the plaintiff? Secondly, the party has to show they are likely to win and thirdly, would there be harm to others? All three must be met.”

Mayor Newsom, who ordered the city to begin issuing the licenses, said the city would continue marrying gay couples until a court order stops them. He added that when a court order prevents future licenses from being issued, the city would pursue a constitutional challenge through the courts.

Newsom and gay marriage proponents say the marriage licenses are legal because of the California Constitution’s equal protection clause prohibiting discrimination, as well as state recognition of gays as a protected class.

But opponents say the move violates a successful voter-approved state initiative in 2000 declaring that California only ...