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Judge Refuses To Halt SF Gay Marriages For Now

2 Challenges To 'Gender Neutral' Marriage Licenses Consolidated

POSTED: 9:47 a.m. EST February 20, 2004
UPDATED: 6:56 p.m. EST February 20, 2004

In another victory for gay and lesbian couples in San Francisco, a judge on Friday declined to immediately halt the rush of same-sex marriages that started with the mayor's defiance of state law.

Same-Sex Union
GAY MARRIAGE?

Judge Ronald Quidachay shot down a request from a group opposed to the marriages that the court to halt the ceremonies, ruling there is no evidence the marriages would cause irreparable harm.

The judge did agree to consolidate two separate cases challenging the marriages.

He suggested that the rights of the gay couples appeared more substantial than the rights of Californians who voted for Proposition 22 in 2000, which defined marriage as between a man and a woman.

On Thursday, the city of San Francisco, which has sanctioned more than 2,800 gay marriages in the last week, sued the state of California.

It's challenging state prohibitions on same-sex marriages on constitutional grounds.

Mayor Gavin Newsom, who began issuing "gender neutral" marriage licenses last week, says he believed it was appropriate to start the process of giving out marriage licenses before the city went to court to challenge the state's marriage laws.

But now, he says, he's glad the question is before the courts. (Read San Francisco's lawsuit (PDF format).)

"The city and county of San Francisco is going on the offensive today to protect the mayor's action," said city attorney Dennis Herrera.

California Attorney General Bill Lockyer says it's his duty to defend laws that say the state will recognize only marriages between a man and a woman.

Newsom said in a letter to the county clerk that part of the reason for his action was court rulings in other states that banning same-sex marriages was not constitutional. Massachusetts' top court said the same thing earlier this year, setting the stage for homosexual weddings this spring, and a possible constitutional amendment in that state.

International Reaction

In Cambodia, the king announced that he thinks gay couples should be allowed to be married. He said Cambodia became a liberal democracy in 1993 and it should allow a marriage between man and man, or between woman and woman.

The views of King Norodom Sihanouk are posted on his Web site. He is a constitutional monarch, with no executive powers in government, but is highly respected by the public.

He also noted that he thinks transvestites should be better-accepted in his country.

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