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26 Mar 2004

SF officials violated separation of powers in gay marriages: AG

California's Attorney General rejects argument that officials were obligated to grant gay couples marriage licences because state Constitution forbids discrimination.

San Francisco officials violated the separation of powers doctrine by assuming for themselves "more power than the Gov., or the Supreme Court, or the Legislature" in issuing marriage licenses to same-sex couples, the state attorney general told the California Supreme Court Thursday, reported the Associated Press.

Mayor Gavin Newson who ordered his administration to authorise same-sex marriage even though California's Family Code defines marriage as a union between a man and woman.
California Attorney General Bill Lockyer rejected the city's argument that local officials were obligated to grant licenses to same-sex couples because the state Constitution forbids discrimination. He said in a 29-page brief submitted at the request of the California Supreme Court.

Lockyer however told the court that his case against San Francisco isn't about the constitutionality of same-sex marriages but about proper role of public officials.

The seven justices are considering whether Mayor Gavin Newsom had the authority to order his administration to authorise same-sex marriage as the state's Family Code defines marriage as a union between a man and woman.

In papers submitted to the court last week, City Attorney Dennis Herrera's staff argued that there are many examples in state law of public officials, including previous attorneys general, refusing to enforce laws on constitutional grounds.

They also pointed to other state Supreme Courts - most recently in Massachusetts - that already have ruled it unconstitutional to deny gay couples the right to wed.

"San Francisco's officials honored the law; they did not ignore it," he said.

Two weeks ago, justices unanimously ordered local city officials to stop granting marriage licenses to same-sex couples until they consider the case.

Thursday was the deadline for the state and a Christian legal group seeking to invalidate the nearly 4,000 same-sex marriages sanctioned in San Francisco to file legal arguments. The court has said it will hold a hearing as early as May on whether the city overstepped its bounds.

United States

Reader's Comments

1. 2007-11-05 07:34  
To: mica

Since you have an amazing ability to sweep all offensive remarks against Christianity and differing views/facts from u, what the heck, u should be rewarded. So here- Christmas holiday season is near, & it's a time for giving. Here's a present STRICTLY for U! Something from Christianity's sister religion-Islam. Merry Christmas kampong girl, the REAL fool caught red-handed with many profiles! :P~

Translations of the Qur'an, Chapter 9:
AL-TAWBA (REPENTANCE, DISPENSATION)
Verse 29:
YUSUFALI: Fight those who BELIEVE NOT in Allah nor the Last Day, nor hold that forbidden which hath been forbidden by Allah and His Messenger, nor acknowledge the religion of Truth, (even if they ARE) of the People of the Book*, until they pay the Jizya (Muslim-gang tax) with willing submission, and feel themselves subdued.
(*Jews, Christians-those who have received a scripture from The One God.)

Muslim place their religion above everyone's free speech and freedom. To them Islam is the law and everyone including non-Muslims, have to follow it whether you like or not. This is WRONG!

In the free world there no one, no group, no religion, no ideology or any political idea that is above freedom. This makes Islam not acceptable for the modern world. Free
2. 2008-07-08 17:05  
Loverman, I don't quite follow your logic - I would have thought that a church born out of utter imperfection as the Anglican Church was would be exactly the one to entertain the idea of embracing all as God's children. Even by calling forth an actively gay bishop who after all, is nothing more than a genetic variation to the norm. He is only like most of our 'family' members. It was the Church that was the last to accept that the world is not flat and that the Sun and stars do not revolve around the Earth. Can't we continue to challenge that moder
3. 2008-10-30 13:11  
I have to say...

They can create 1000's of laws of discrimination against our society here in Malaysia. But nothing will change us. We as humans will adapt to any situations. I have to agree its not fair to use religion to shut us out. I wish they are in our shoes and only then they would know how it feels to be different.

Being thought in a local religious University here has made me learn a lot. Just let the Nati
4. 2009-01-20 15:42  
Wah lau yeah, this Empowerment topic very the hot and spicy like Lala's favourite Tom Yam soup. Lala's hairspray already made Lala confused (too much aerosol), this empowerment thing lagi (some more) make Lala kepala pusing (head spins), have to find dictionaries what "fluff' is, "esoteric" is thanks to you all sweetie pies, Lala learnt a lot new bombastic fantastic words. That's how we should empower each other lah, not put each other down by criticizing behind PC only!

Sorry Lala bow thuck chek %2

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