Second Judge Refuses to Stop Same-Sex Couples Marrying
in San Francisco; 'Clearly, There's No Emergency Here and
Nobody Is Being Harmed by These Marriages,' Lambda Legal Says
Lambda Legal, ACLU, NCLR represent gay married couples and others
who also want to be fully protected under state Constitution's guarantees
(San Francisco, Monday, February 17, 2004) -- Two separate state courts
today rejected efforts to immediately stop same-sex couples from receiving
marriage licenses from the City of San Francisco.
Late today, Judge James Warren denied requests by an Arizona-based antigay
group called the Alliance Defense Fund, which sought to immediately prevent
the city from issuing any more marriage licenses to same-sex couples who
have been lining up since Thursday. Instead, the judge set a later hearing
date after additional briefs are filed. In a similar case this morning
brought by a Florida-based antigay group called the Liberty Counsel, Judge
Ronald Quidachay also refused to grant an injunction and set another
hearing for Friday at 2 p.m.
Lambda Legal, the National Center for Lesbian Rights and the ACLU entered
the case representing several same-sex couples who married in San Francisco
in recent days, a San Francisco couple who wants to marry and Equality
California (a statewide lesbian and gay advocacy group) on behalf of its
members.
"The courts see that there's no need to stop what's happening in San
Francisco right now. Clearly, there's no emergency here, and nobody is
being harmed by these marriages," said Jon Davidson, Senior Counsel for
Lambda Legal in its Western Regional Office in Los Angeles. "But this is
just the beginning of our fight on behalf of these married couples and
others who have yet to marry. The city is trying to protect people's
constitutional rights, and we will defend that vigorously in court. We'll
be back in court in the weeks and months ahead to preserve these marriages
and make sure every couple who wants and needs the protections that a
marriage license provides will be able to get one."
The City of San Francisco began issuing marriage licenses to same-sex
couples last week when Mayor Gavin Newsom said the state Constitution's
guarantees of equality and due process required him to issue licenses to
same-sex couples. California state law prohibits recognition of marriage
between same-sex couples -- but that law would have to comply with the
state Constitution to remain valid, and before this week California courts
had never been asked to consider whether the law is constitutional, Lambda
Legal said. Judge Warren's ruling today does not address any of those
substantive issues, nor does it address Newsom's authority as mayor to
issue the marriage licenses. Those questions will be argued in the next
couple of months.
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Lambda Legal is a national organization committed to achieving full
recognition of the civil rights of lesbians, gay men, bisexuals,
transgendered people, and people with HIV or AIDS through impact
litigation, education and public policy work.