February 28, 2004
Courts stifle hateful conservatives
California's Supreme Court declined Friday to immediately halt same-sex marriages and nullify more than 3,400 licenses already issued, while the mayor of a town in New York state began marrying same-sex couples.Posted by Norwood at February 28, 2004 11:59 AMIn a suit filed in San Francisco, Attorney General Bill Lockyer petitioned the high court to order the city to stop defying a state law that defines marriage as between a man and a woman, arguing that the California constitution prohibits San Francisco from declaring a state law unconstitutional without a binding appellate court decision affirming that position. The justices declined to rule and told the city and a conservative group that opposes gay marriage to file new legal briefs by March 5.
Lockyer's petition also argues that unless there is a binding statewide ruling resolving the validity of these marriages, "there will be tremendous governmental and legal confusion that could affect a wide variety of government functions and personal rights associated with public assistance, property ownership, personal debt liability, spousal and child support, inheritance when there is no will, worker's compensation benefits and tax liabilities."
In response, San Francisco City Attorney Dennis Herrera said that the attorney general has made an unconvincing case for bypassing lower courts, and that the Supreme Court should be asked to rule regarding rulings in the lower courts, not in the absence of rulings. The court gave no indication when it would respond to Lockyer's petition.
