CALIF. ATTORNEY GENERAL ARGUES SAN FRANCISCO EXCEEDED LEGAL RIGHTS: From the Los Angeles Times

Atty. Gen. Bill Lockyer told the California Supreme Court on Thursday that San Francisco exceeded its legal authority when it issued more than 4,000 marriage licenses to same-sex couples.

In written arguments filed with the state high court, Lockyer said the state Constitution requires local authorities to obey state laws unless a court has found them unconstitutional.

"This proceeding is not about the constitutionality of same-sex marriage," Lockyer said. "It is not a litmus test on marriage or societal values. This case is about the proper role of public officials in carrying out their governmental duties."

On March 11, the California Supreme Court ordered San Francisco to stop issuing marriage licenses to same-sex couples, and announced it would review whether the city had violated state law by marrying gays. The court declined to decide on the constitutionality of the state's marriage laws until lower courts had reviewed them.

Lawyers for San Francisco have asked the court to rescind its order and permit more gay couples to marry. The city also wants the court to refrain from ruling in the case until the constitutionality of the state's marriage laws is resolved in the lower courts. In a brief submitted to the court last week, city officials also argued that the courts long had "recognized the right, and indeed the duty, of public officials, both at the state and local levels," to follow the Constitution, even if that means "declining to enforce a statute."

Lockyer, in his brief, responded that, because no state or federal court has yet found California's marriage laws to be unconstitutional, the city has a duty to comply with them. He added that San Francisco had claimed for itself "broad and unprecedented powers to unilaterally take action." ...

The Alliance Defense Fund, a group opposed to gay marriage, joined the state in filing arguments Thursday against San Francisco. The fund, which represents traditional religious values, told the court that "there would be no uniform system of law" if mayors could choose to disobey laws they considered unconstitutional.

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posted by Eve at 4:47 PM | link

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