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Ann Marie McMartin (left) and Brittainy McMartin, both from Tracy, Calif., were among the more than 2,600 same-sex couples who waited in long lines for hours to get married in the past week at San Francisco’s City Hall. (Photo by Karen T. Borchers/San Jose Mercury News)
 
 
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Thousands of gay couples wed in San Francisco
Pressure builds on mayor to stop the marriages

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Feb 20, 2004  |  By: JOE CREA  | COMMENTS      Printer Friendly Version



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recognizes marriages between one man and one woman and noted that state law supercedes city law when it comes to marriage. They also say that Newsom violated criminal law as well, citing the California Penal Code in which section 115 “prohibits the knowing procurement of any false or forged instrument to be filed or recorded in any public office, making such an act a felony punishable by up to three years in prison.”

Pizer said what will be determined in the cases is whether or not Newsom has the authority to “read the Constitution and make a determination that there’s a statute in violation of the Constitution.”

“It’s a little too early to predict how both cases will address that issue,” Pizer said. “The question does shift to what the [California] Constitution requires. That would then effect questions of whether this was an abuse of the executive power or not or a trivial abuse or a serious abuse.

“The right wing is claiming that this is anarchy and making quite inflated assertions. Civilization in California is percolating just fine. What has happened is that Mayor Newsom has pointed out that the boogie monster has no clothes. The assertion that society will tumble into disarray is obviously hollow.”

Brian Fahling, a senior trial attorney and policy analyst for the American Family Association Center for Law & Policy said Mayor Newsom is “actively undertaking to violate the law in a pretty profound way.”

Longtime activists trong>Phyllis Lyon (front, left) and trong>Del Martin, who have been together for 51 years, were the first gay couple to get married last week at San Francisco’s City Hall. Among those witnessing the historic ceremony were Kate Kendell (far left), of the National Center for Lesbian Rights, and former Clinton administration official Roberta Achtenberg. (Photo by Liz Mangeldsdorf/San Francisco Chronicle)

“Because of the laws that exist in California, you have an effort to call something marriage when it is in fact not,” Fahling said. “I think we can safely conclude that they are attempting to further a pol

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