San Francisco Asks to Resume Gay Weddings

(San Francisco, California) Lawyers for the City of San Francisco returned to the California Supreme Court Thursday to seek a reversal of the March 11 court order that ended the rush to the alter by same-sex couples.

In a brief submitted to the court City Attorney Dennis Herrera argues that the city should be allowed to continue issuing marriage licenses to gay and lesbian couples while other issues over same-sex marriage work their way through the courts.

Herrera also argues that the court should not decide whether mayor Gavin Newsom had the legal authority to order the clerk to issue the licenses until the constitutionality of same-sex marriage is determined.

In its decision last week ordering a halt to the issuing of the licenses said it would only hear arguments on whether Newsom had acted improperly, and allow the constitutional issues to make their way through the lower courts. (story)

But, that process could take more than a year.

Herrera argues that in the interim same-sex marriages should be allowed resume.

Robert Tyler, an attorney with the Alliance Defense Fund one of two conservative groups attempting to have the marriages ruled illegal called Herrera's arguments foolish. "Let's allow the city to disregard democracy and the rule of law in order to give the city time to attempt to pass their social agenda?"

The alliance is scheduled to submit briefs to the justices March 25. The court is expected to hold a hearing on the issue in May or June.

Nearly 4,000 gay and lesbian couples have married in San Francisco since the city began allowing same-sex couples to get marriage licenses last month.

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