CA SUPREME COURT TO RULE ON VALIDITY OF S.F. MARRIAGES: From the Los Angeles Times

The California Supreme Court is considering whether to nullify more than 4,000 marriage licenses that San Francisco granted to gay couples earlier this year.

In an order issued Wednesday, the state high court asked lawyers for the city, the state and anti-gay marriage groups to present written arguments on whether the court should declare the marriages valid or void if it rules that San Francisco exceeded its authority in marrying same-sex couples.

The court is expected to decide within the next few months whether San Francisco flouted state law when it began issuing marriage licenses to gay couples Feb. 12. The city stopped granting the licenses March 11 in response to a court order.

Mayor Gavin Newsom ordered the gender-neutral licenses because he said the state Constitution's equal protection clause supercedes state laws that define marriage as heterosexual.

Legal analysts said Wednesday's order indicates that the court is likely to rule against San Francisco.

"If they were upholding the marriages, this question wouldn't arise, so it suggests that they are not going to uphold them," said UC Berkeley emeritus law professor Stephen Barnett. ...

Therese M. Stewart, chief deputy city attorney, said San Francisco did not address the question of validity because the city does not want the court to rule on that issue until the constitutionality of the state's marriage laws is resolved.

That constitutional question is now being heard in San Francisco Superior Court and will probably not reach the state high court until next year. The state Supreme Court declined to rule directly on the marriage laws until lower courts reviewed them.

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posted by Eve at 2:06 PM | link

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