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Judge Lets Same-Sex San Francisco Marriages Go On
       
By Spencer Swartz and Elinor Mills Abreu
SAN FRANCISCO (Reuters) - A San Francisco judge on Friday denied a request by a conservative family values group to stop the thousands of same-sex weddings that have taken place in the city since Mayor Gavin Newsom lifted a ban on gay marriages last week.
       
It was the second time in a week that a State Superior Court judge had denied a request to issue a temporary restraining order that would stop the weddings until the issues could be resolved at a further hearing or trial.
San Francisco Superior Court Judge Ronald Quidachay denied the request on the grounds that the conservative family values group, the Campaign for California Families, had not presented evidence showing that irreparable harm would be caused by allowing the weddings to continue.
The group argued that since state law does not recognize same sex marriages the weddings were a waste of taxpayer money and were deliberately violating a law passed by California voters in 2000 declaring that marriage could only be between a man and woman.
Judge Quidachay ordered that another case challenging Newsom's decision be consolidated with the case he is hearing and he set March 29 as the date for the next hearing.
While the lawyers argued, the marriages continued inside City Hall, just across the street from the courthouse. Four musicians serenaded newlyweds as they left the building, and about a dozen protesters carrying signs that read "Trust Jesus" and "Prepare to meet that God" milled about outside the elegant copper-domed civic building.
Meanwhile, Governor Arnold Schwarzenegger said the state would oppose Newsom's actions, which conflict with Proposition 22, the state ballot initiative restricting marriage to members of the opposite sex. More than 3,000 same-sex couples have been married since Newsom decided last week to defy state law and make his city the first in the nation to marry gay and lesbian couples.
"The people of California spoke on the issue of same-sex marriage when Proposition 22 was overwhelmingly passed in 2000," Gov. Schwarzenegger said in a statement. "I will abide by the oath I took when I was sworn in to uphold California's laws."
Schwarzenegger, a Republican, said California Attorney General Bill Lockyer assured him that he will "vigorously defend the constitutionality of the law in the case brought against the state by San Francisco."
City lawyers on Thursday asked the Superior Court to strike down state laws that limit marriages to a man and a woman, saying they violate equal rights and equal protection clauses of the state constitution.
San Francisco's same-sex marriages have been criticized by President Bush, who some legal analysts believe is moving closer to endorsing a constitutional ban on gay and lesbian marriage as a result of the city's actions.
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You know it's really a new day when Chicago's Mayor Daley says he'd have "no problem" if Cook County started allowing gay marriages.
Sure, it's not the Mayor Daley. It's his son. And Richard M. Daley's ability to reclaim the Chicago mayoralty for his family has from the start been based on rapprochements with all manner of groups, political factions and ideological tendencies that were, if not beyond the pale, then at least subordinated in the Chicago of his father.
But you can't have much familiarity with the strains and schisms that rent the Democratic party in its urban bastions of the North through the latter decades of the last century, and the particular convulsion in Chicago in 1968, and not find those words coming from that mouth something bracing, unexpected, in some sense hard to fathom, and yet terribly welcome.
Andrew Sullivan has been commenting on this at some length in the last few days. But it's amazing to watch how San Francisco Mayor Gavin Newsom's act of inverted civil disobedience (a Mayor violating the seemingly clear letter of the law in the cause of a higher principle of equality) has unleashed the floodgates around the country. The county in New Mexico, which briefly started issuing marriage licenses, has now apparently reversed itself. But I think Andrew is right that this spate of marriages -- at least in San Francisco and perhaps now in other locales -- has suddenly made this whole issue concrete and human in a way it simply wasn't before.
I'm not sure that makes the movement's eventual success more likely. But it clearly makes it impossible for anyone to ignore. It now has to be confronted across the political spectrum -- by some eagerly, and by others with great reluctance.
I must confess to a deep ambivalence about same-sex marriages. It's not one of belief or values, but one of pragmatism, at least as I understand it -- and yet a pragmatism I'm not entirely comfortable with.
I strongly support civil unions -- the ability of gay and lesbian couples to solemnize their unions and enjoy the whole raft of civil protections, privileges and obligations that heterosexual couples do through marriage -- survivorship rights, the ability to visit and make decisions for a sick spouse in the hospital, etc. Anything less just conflicts with everything I believe is right and just.
My reason for not supporting gay marriage -- and I think there's a difference between opposing and not supporting, in this case -- is that it seems like a step that would trigger a backlash that would a) quite possibly prevent the adoption even of civil unions and b) provide a tool for conservatives to win elections and thus prevent or turn back various other progressive reforms that are no less important than this one. (Of course, this hybrid reasoning has all manner of uncomfortable echoes from the middle decades of the 20th century.)
In other words, when I say that I don't support gay marriage, my reasoning and rationale are inextricably tied up with my sense of the larger political context in which the question arises -- what's possible and what's not, and what the larger political repercussions would be. In fact, I find the two parts of the equation difficult to untangle even in my own head. (If there's an undertone of uncertainty or moral awkwardness you recognize in this post it likely stems from my feeling that the open embrace of gay marriage from so many unexpected quarters shames what seems to me to be my own timidity.)
I don't think these concerns about broader political repercussions can be easily or honestly ignored. And yet if we posit a country in which there is marriage for heterosexuals and civil unions for gays and lesbians, then, paradoxically, I think the state-imposed stigma becomes even greater than it is now. Not entirely so, but at least by one measure.
Today we have marriage. It's a state-sanctioned institution for men and women. The state just, by and large, isn't involved in homosexual relationships. Now, I know that there are laws on the books in many states that definitely do involve the state in same-sex relationships adversely. And in practice, the state can have much less than a hands-off approach.
Yet, if we have marriage (for straights) and civil unions (for gays), then you have the state being in the business of solemnizing and recognizing both kinds of relationships, but in a way that clearly gives preference -- even if just symbolically -- to straights. Once you make the leap to civil unions, this sort of public denigration of same-sex relationships seems hard to justify, and full gay marriage seems hard not to embrace.
I know that little in these ideas or formulations is novel. They just give a sense of my thoughts on the issue, and my wrestling with it. But the images of happy newlyweds in San Francisco is jostling my own calculus of pragmatism and right.
-- Josh Marshall
Ben
"Never be discouraged from being an activist because people tell you that you'll not succeed. You have already succeeded if you're out there representing truth or justice or compassion or fairness or love."
-- Doris 'Granny D' Haddock
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Well, this is why I say the issue has as much to do with psychology as it has to do with law. In practice, you're right - marriage is a legal status as you describe. But that's not what the "defenders of marriage" are saying. They claim that marriage must be protected because it's a "sacred institution."
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My "wife" (in my mind only) is not interested in gay marriage in the slightest and she could care less about civil unions. She's terribly uninterested in the whole deal, while I'm excited about it and that has me worried. I would like for us to be married or at least joined in a civil union at some point. However, I'm filled with trepidation over my lover's reticence and lackadaisical attitude toward it.
_________________
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I've kissed her best friend. I've reached into her best friend's pocket and fished around for keys. And I gave her best friend my number. I must be doing something totally, totally wrong... - TBSOL by Dreams
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I'm trying to put myself into your situation as I'm firmly in your partner's corner. I don't intend to get married unless absolutely necessary (eg if my partner would be a foreigner that wouldn't be allowed to stay otherwise etc).
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The best analogy that I can come up with is: From one atheist to another, would you consent to a religious ceremony/blessing because your partner really wanted it? And if yes, would it mean anything to you that someone you don't believe in has supposedly blessed your union?
). I appreciate your candor.
Time flies by when the Devil drives.
It's not the pace of life that concerns me, it's the sudden stop at the end.
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I'm trying to put myself into your situation as I'm firmly in your partner's corner. I don't intend to get married unless absolutely necessary (eg if my partner would be a foreigner that wouldn't be allowed to stay otherwise etc).
Mea Culpa, mea culpa. I didn't know. Honest!Quote:
Thank you for your thoughts, Die (even though you haven't answered my PMs ).
I'm not sure if that was really in response to my post, just to clarify, I was talking about my situation in Germany where that is part of the same-sex partnership laws.Quote:
Actually then gay marriage is not an option for trying to stay in the US at the moment.
_________________
How can you kill people who killed people, to show that killing people is wrong?
I've kissed her best friend. I've reached into her best friend's pocket and fished around for keys. And I gave her best friend my number. I must be doing something totally, totally wrong... - TBSOL by Dreams
Half of the time, I get this feeling that many US conservatives are clicking their heels three times and saying repeatedly "There's no place like a home without queers, there's no place like a home without queers!" many apologies to the late Judy Garland for appropriating her famous line...poor woman would be spinning in her grave if I was serious, the queer icon that she is
Time flies by when the Devil drives.
It's not the pace of life that concerns me, it's the sudden stop at the end.
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I don't believe that. There will be just as much divorce with homo- as there is with heterosexual couples. When it's a bit more common, it will be taken just as lighly by a lot of gay couples as well.
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I don't believe that marriage is needed to validate a committed relationship...For me marriage is nothing more than a contract which gives the parties certain rights and duties.
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So I don't believe in any "moral high ground" for marriage. But the way I see my commitment to my relationship and its worth does not/will not be dependent on the formal recognition of other people. Because in the end the success of this partnership lies in my partner's and my hands, not anyone else's.
Time flies by when the Devil drives.
It's not the pace of life that concerns me, it's the sudden stop at the end.
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For me, the word "marriage" has no religious meaning and never has. It does, however, signify to me that my partner might actually be willing to commit to me for the rest of her life like she says she does. I don't need a god's blessing to want that part of my life to have some validation. Her reticence worries me mostly because it gives me pause about how strong our relationship is. The second reason I would want a marriage or civil union or what have you is that, if the state recognizes them both equally, I wouldn't have to worry that, if something happens to either one of us, our respective parents won't suddenly turn on either partner and prevent us from carrying out each other's respective wills and personal wishes once we're deceased or if either of us is extremely ill.
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I have never felt that so for me, marriage is just a lifelong commitment to one another that is formally recognized by all (i.e. family, friends, government, what-have-you). It is publicly and freely stating that you are totally this person's and they are totally yours.
I don't believe that. There will be just as much divorce with homo- as there is with heterosexual couples. When it's a bit more common, it will be taken just as lighly by a lot of gay couples as well.Quote:
Heaven knows, heterosexuals slip in and out of marriages like cast-off condoms. It might make some straight conservatives deathly afraid to think that we could treat their "institution" a bit better than they have been.
_________________
How can you kill people who killed people, to show that killing people is wrong?
I've kissed her best friend. I've reached into her best friend's pocket and fished around for keys. And I gave her best friend my number. I must be doing something totally, totally wrong... - TBSOL by Dreams
Do more women than men vote? It would be interesting to see if your optimism of hard won rights shows itself in this case. Unfortunately I don't have any numbers.Quote:
I would like to think that if gays were given the opportunity to marry, they would treat the institution better because it was a right that was "hard fought for, hard won". I have no proof of this, to be sure. It's just a personal feeling and I could very well be wrong in the coming years.
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I don't think I'm presupposing any "moral high ground" for being married. I'm kind of offended you would think that.
). Obviously they are not really commited to each other and don't believe they will last. On the other hand, Mrs. Taylor and Mr. Smith take their commitment to each other very seriously and so they entered into her fifth and his third marriage a few month ago. Society will place the Taylor/Smith relationship unseen above the Ruth/Naomi relationship. Though I do admit this is slowly changing. But for example a good friend of mine and her boyfriend of more than 7 years have had to justify more than once why they don't intend to marry. I just don't see why people would have to justify something like this.I never really did. I don't know why as I never experienced a divorce: my parents are still together, my grandparents and great-grandparents were, my aunts and uncles are still and my friends aren't married so they couldn't get divorced.Quote:
However, I do still believe in the romance of "marriage"
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So it's more than mere "validation" or "formal recognition by other people". It's for basic rights.
_________________
How can you kill people who killed people, to show that killing people is wrong?
I've kissed her best friend. I've reached into her best friend's pocket and fished around for keys. And I gave her best friend my number. I must be doing something totally, totally wrong... - TBSOL by Dreams
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Did your ETA have anything to do with my post? Because I'm pretty sure I didn't tell anyone to settle for anything. I just explained why I don't intend to get married. And those reasons are regardless of the gender of my partner. In fact, they were first thought out at a time when I had no idea that my romantic interests would turn out to be in the opposite direction.
I just neglected to put in a disclaimer *bad Toni* I was having a conversation with someone else it it kind of irked me to some extent and I felt the need to say something. It does sound a bit snippy and for that I apologise.Quote:
Do more women than men vote?
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Kinda like: Ruth and Naomi have been living together for seventeen years now without getting married (we're presuming here they could have and that no homophobia exists-I just wanted to use those names). Obviously they are not really commited to each other and don't believe they will last. On the other hand, Mrs. Taylor and Mr. Smith take their commitment to each other very seriously and so they entered into her fifth and his third marriage a few month ago. Society will place the Taylor/Smith relationship unseen above the Ruth/Naomi relationship.
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Though I don't see them as basic rights. Basic rights are the rights that every human being should have, regardless. That includes the right to marry whereby you will gain these "special rights".
Time flies by when the Devil drives.
It's not the pace of life that concerns me, it's the sudden stop at the end.
_________________
How can you kill people who killed people, to show that killing people is wrong?
I've kissed her best friend. I've reached into her best friend's pocket and fished around for keys. And I gave her best friend my number. I must be doing something totally, totally wrong... - TBSOL by Dreams
But, to clarify a bit: what I meant by basic rights was the right to be permitted to be married to my partner under those conditions you specified in Article 16. Granted, the fringe benefits are nice but that's not the only reason. Other than "basic rights" I probably should've put a caveat emptor: all of the same rights that heterosexual married couples currently enjoy, which means all of the basic rights you stipulated plus the fringe benefits. Hell, I'd still want to marry Diana even if we got nothing but simple respect. And that's all I really want, deep down.
See?! No more confuzzles!
Time flies by when the Devil drives.
It's not the pace of life that concerns me, it's the sudden stop at the end.
). "Something Beyond" can also include a commitment to children (already present, or theoretical in the future) that the couple may raise.
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Kieli, have you and Diana talked about any or all of these kind of factors? I suspect that she is not only shaped by Southern Baptist views of marriage, but has witnessed a good share of Bad Southern Baptist Marriages!
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I think what is important about marriage, beyond the mere commitment of the couple, and state-endorsed goodies (and absent any religion), is the public aspect of it. It may not be the height of romance, but experience has tended to show that a couple needs help: they need both immediate affirmation (to get things off on the right track), and support for the long-haul (which, in my own defunct-marriage, I didn't get *cough*Mother-in-Law Stabbed Me in the Back*cough*).
Time flies by when the Devil drives.
It's not the pace of life that concerns me, it's the sudden stop at the end.
I can totally understand that. At the same time (you knew this was coming, didn't you?) I think this reason, ironically, plays a part in my desire not to get married. I want people to respect my partnership because I tell them I'm deeply committed to my partner. I want them to respect my integrity and determination without depending on the legal document to "back me up". Because if they can't trust in my sincerity when I say it then how can they trust that I would honour my relationship in a marriage? I know that society does, but it makes no sense to me.Quote:
Hell, I'd still want to marry Diana even if we got nothing but simple respect. And that's all I really want, deep down.
_________________
How can you kill people who killed people, to show that killing people is wrong?
I've kissed her best friend. I've reached into her best friend's pocket and fished around for keys. And I gave her best friend my number. I must be doing something totally, totally wrong... - TBSOL by Dreams
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I don't care if it is an orgy of death, there's still such a thing as a napkin! - Willow in "Superstar"
Ben
"Never be discouraged from being an activist because people tell you that you'll not succeed. You have already succeeded if you're out there representing truth or justice or compassion or fairness or love."
-- Doris 'Granny D' Haddock
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Bush to Back Gay Marriage Ban Amendment
By DEB RIECHMANN
Associated Press Writer
Published February 24, 2004, 10:57 AM CST
WASHINGTON -- Jumping into a volatile election-year debate on same-sex weddings, President Bush on Tuesday backed a constitutional amendment banning gay marriage -- a move he said was needed to stop judges from changing the definition of the "most enduring human institution."
"After more than two centuries of American jurisprudence and millennia of human experience, a few judges and local authorities are presuming to change the most fundamental institution of civilization," the president said in urging Congress to approve such an amendment. "Their action has created confusion on an issue that requires clarity."
Marriage cannot be severed from its "cultural, religious and natural" roots, Bush said in the White House's Roosevelt Room. It was a statement that was sure to please his conservative backers.
Bush, who has cast himself as a "compassionate conservative," left the door open for civil unions as an alternative to same-sex marriages.
He noted actions in Massachusetts where four judges on the highest court have indicated they will order the issuance of marriage licenses to applicants of the same gender in May of this year. In San Francisco, city officials have issued thousands of marriage licenses, to people of the same sex. This, Bush said, is contrary to state law. A county in New Mexico also has issued same-sex marriage licenses, Bush said.
"Unless action is taken, we can expect more arbitrary court decisions, more litigation, more defiance of the law by local officials -- all of which adds to uncertainty," Bush said.
The conservative wing of his party has been anxious for Bush to follow up his rhetoric on the issue with action. In recent weeks, Bush has repeatedly said he was "troubled" by the Massachusetts court decision and the gay marriages in San Francisco, but stopped short of endorsing a constitutional amendment.
The Massachusetts Supreme Judicial Court recently ruled that it is unconstitutional to bar gay couples from marriage. Gay and lesbian couples from Europe and more than 20 states have flocked to San Francisco City Hall since city officials decided to begin marrying same-sex couples a few days ago. At the current pace, more than 3,000 people will have taken vows by Friday promising to be "spouses for life."
At least 38 states and the federal government have approved laws or amendments barring the recognition of gay marriage; last week, the Utah House gave final legislative approval to a measure outlawing same-sex marriages and sent it to the governor, who has not taken a position on the bill.
White House press secretary Scott McClellan said Bush believes that legislation for such an amendment, submitted by Rep. Marilyn Musgrave, R-Colo., meets his principles in protecting the "sanctity of marriage" between men and women. But Bush did not specifically embrace any particular piece of legislation in his announcement. White House officials have said that support for Musgrave's proposed amendment has been unraveling in the Senate.
The amendment that Musgrave and other lawmakers are backing in the House says that marriage "shall consist only of the union of a man and a woman.
Bush's comment that the states should be left free to define "legal arrangements other than marriage" indicates the president does not favor using a constitutional amendment to enact a federal ban on civil union or domestic partnership laws.
The proposed amendment backed by Musgrave and others in Congress is consistent with that, but some conservatives favor going further.
Recent polling suggests Bush is on solid political ground.
A nationwide CNN poll completed last week found that by a margin of 64-32, those surveyed said gay marriages should not be recognized in law as valid, with the same rights as traditional marriages.
On a separate question, 48 percent of those surveyed said it should be up to the federal government to pass laws regarding gay marriages, while another 46 percent said the states should take that role.
Sen. John Kerry, Bush's likely Democratic opponent in this year's election, says he opposes gay marriages. But he also opposes a federal constitutional amendment to ban them, because he says it is an issue for the states to decide, spokeswoman Stephanie Cutter said Tuesday.
Kerry says he prefers civil unions and rejects any federal or state legislation that could be used to eliminate equal protections for homosexuals or other forms of recognition like civil unions.
Wide-ranging reaction reflected the controversial nature of the issue.
A major gay Republican group, the Log Cabin Republicans, accused Bush of "pandering to the radical right" and "writing discrimination into the Constitution." Patrick Guerriero, executive director of the group, said, "The president has certainly jeopardized over 1 million gay and lesbian Americans self identified in exit polls who voted for him in the year 2000."
The Democratic National Committee said the decision was purely political. "It is wrong to write discrimination into the U.S. Constitution and it is shameful to use attacks against gay and lesbian families as an election strategy," DNC Chairman Terence McAuliffe said.
The American Center for Law and Justice, which focuses on family and religious issues, applauded Bush's announcement, saying it "serves as a critical catalyst to energize and organize those who will work diligently to ensure that marriage remains an institution between on man and one woman."
Copyright © 2004, The Associated Press
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Web Warlock
Coming Soon to The Other Side, The Netbook of Shadows: A Book of Spells for d20 Witches
"Razzle, dazzle, drazzle, drone, time for this one to come home." - The Replacements, "Hold My Life"
_________________
How can you kill people who killed people, to show that killing people is wrong?
I've kissed her best friend. I've reached into her best friend's pocket and fished around for keys. And I gave her best friend my number. I must be doing something totally, totally wrong... - TBSOL by Dreams
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The support among conservatives has taken some real hits. The White House has decided that the long-predicted rising economy won't float them through this election. The situation in Iraq looks wobbly and likely to get worse before it gets better. So deprived of the ability to run on his record he's decided to save his political hide by trying to tear the country apart over a charged and divisive social issue which is being hashed out through the political process in the states.
It's his dad and the flag burning amendment all over again.
Ben
"Never be discouraged from being an activist because people tell you that you'll not succeed. You have already succeeded if you're out there representing truth or justice or compassion or fairness or love."
-- Doris 'Granny D' Haddock
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