Aug 13, 2004  |  By: JOE CREA  | COMMENTS     

The California Supreme Court on Thursday invalidated the marriages of nearly 4,000 same-sex couples and ruled unanimously that San Francisco Mayor Gavin Newsom exceeded his authority when he ordered City Hall to begin issuing marriage licenses to gay couples earlier this year.

The court did not rule on the constitutionality of the state’s prohibition of marriage for gays and lesbians. That larger issue is expected to be addressed in a lawsuit now working its way through the courts.

“We are profoundly disappointed in today’s decision,” said John Davidson, senior counsel at Lambda Legal. “I know a few couples who got married and are hurt by today’s decision. Their marriages have always been a bit insecure but they did feel and act married. These judges annulled their marriages without hearing from them. Imagine how a straight couple would feel if they read in the newspapers that their marriage was invalidated.”

Newsom, a Democrat, gained national attention on Feb. 12 when he ordered San Francisco clerks to issue marriage licenses to same-sex couples.

In a separate 5-2 vote this week, the justices decided to nullify the marriages performed between February and March 11, the day the court ordered San Francisco to stop issuing the licenses.

The court ruled unanimously that the city violated the law when it issued marriage certificates to gay and lesbian couples, since voters approved legislation in March 2000 defining marriage as a union between a man and woman.

The unanimous decision addressed the question of whether or not a civil magistrate has the authority to interpret the state’s constitution.

Chief Justice Ronald George noted that the decision doesn’t address, “the substantive legal rights of same sex couples. In actuality, the legal issue before us implicates the interest of all individuals in ensuring that public officials execute their official duties in a manner that respects the limits of the authorities granted to them as officeholders,” according to an AP report.

Both lawsuits were filed by state Attorney General Bill Lockyer and the Arizona-based Christian law firm Alliance Defense Fund.

The ruling upset many backers of marriage equality for same-sex couples. The Human Rights Campaign, the nation’s largest gay and lesbian rights group, said it was disappointed with the ruling. People For the American Way President Ralph G. Neas said that while the ruling is “heartbreaking for thousands of committed gay and lesbian couples and for their friends and families, it is far from the final word on the struggle toward full equality.”

“Our nation’s history is a story of steady progress achieved by people working together to eradicate discrimination from our law and institutions,” Neas said. “American values of freedom, fairness, and equality under the law will be victorious in the end.”

Opponents of marriage rights for same-sex couples rejoiced in the decision.

The conservative Family Research Council, which filed an amicus brief with the California Supreme Court, praised the ruling.

“Today’s ruling reinforces once again that when one rogue mayor or any other elected official ignores the rule of law, they will be held accountable,” said Tony Perkins, president of the Family Research Council.

Joe Crea can be reached at jcrea@washblade.com.