Court Approves Gay Marriage Super Suit for California

Court Approves Gay Marriage Super Suit
by David Kravets
The Associated Press

Posted: June 12 2004 12:01 a pm. ET

(San Francisco, California) Legal challenges across California asking whether the state Constitution permits same-sex marriages were consolidated into one case and will be tried in San Francisco, a state agency overseeing the courts decided Friday.

Gays and lesbians in Los Angeles and San Francisco, and opponents of gay marriage, have filed various lawsuits. Attorney General Bill Lockyer asked a judge Wednesday (story) to consolidate the cases and the judge agreed referring the issue to State Judicial Council which made its ruling Friday.

The Judicial Council ordered the cases tried as one in San Francisco Superior Court. But whatever is decided in that court will be reviewed by the California Supreme Court, which invited such challenges this spring. The seven justices are unlikely to get the case for at least a year.

The gay marriage dispute began in February when San Francisco Mayor Gavin Newsom permitted the city to issue same-sex marriage licenses. More than 4,000 were handed out before the California Supreme Court ordered a halt. (story)

The justices are expected to rule this summer whether Newsom abused his office and issued the licenses in contravention of state law that says marriage is between a man and a woman. (story)

During a hearing on that issue last month, the justices indicated that Newsom overstepped his powers. But that case has nothing to do with whether the state constitution allows gays to marry.

In the new cases consolidated as one for trial, proponents of gay marriage say the equal protection clause of the state constitution demands that gays be allowed to marry. Opponents say a voter-approved measure defines marriage as being between opposite sexes.

No trial date has been set.


©The Associated Press 2004