High court to hear same-sex marriage cases in March

The California Supreme Court announced today it will hear arguments in San Francisco on March 4 on whether there is a state constitutional right to same-sex marriage.

The court's seven justices will hold an unusual three-hour long hearing in their State Building courtroom on six consolidated cases filed by groups opposing and supporting same-sex marriage.

The announcement means that a final decision on whether gay and lesbian couples can marry in California is due by early June.

Under normal procedures, California courts must issue a written ruling 90 days after hearing arguments in a case.

The state high court is the last stop on a legal journey that began in San Francisco Superior Court after San Francisco Mayor Gavin Newsom four years ago unsuccessfully sought to allow city officials to issue same-sex marriage licenses.

After San Francisco officials had issued about 4,000 licenses in four weeks in 2004, the state Supreme Court halted the practice and later ruled the city had no authority to issue the licenses and that they were invalid.

But the high court said it was willing to allow separate proceedings to test the constitutionality of state laws requiring marriage to be between a man and a woman.

Eventually, six lawsuits were filed – four by the city of San Francisco and 19 gay and lesbian couples seeking a right to marry and two by traditional-values groups opposed to same-sex marriage.

A San Francisco Superior Court judge struck down the state laws in 2005. But in 2006, a state appeals court overturned that decision.

The appeals court said the Legislature and voters had a rational basis for restricting marriage to opposite-sex couples while at the same time giving same-sex couples equal benefits through the state's domestic partnership system.

The case then went to the state Supreme Court, which will have the final word on interpreting the rights provided by the California constitution.

Bay City News

Bay Area NewsLocal

Just Posted

California Highway Patrol officers watch as Caltrans workers remove barricades from homeless camp sites as residents are forced to relocate from a parking lot underneath Interstate 80 on Monday, May 17, 2021. (Kevin N. Hume/S.F. Examiner)
San Francisco’s broken promise to resolve homeless encampments

‘There is an idea that The City is leading with services, and they are not’

The Department of Building Inspection, at 49 South Van Ness Ave., has been mired in scandal since since its creation by voter referendum under Proposition G in 1994. (Courtesy SF.gov)
The Department of Building Inspection, at 49 South Van Ness Ave., has been mired in scandal since its creation by voter referendum under Proposition G in 1994. (Courtesy SF.gov)
Whistleblowing hasn’t worked at San Francisco’s Department of Building Inspection

DBI inspectors say their boss kept them off connected builders’ projects

FILE — Mort Sahl on Nov. 10, 1967. Sahl, who confronted Eisenhower-era cultural complacency with acid stage monologues, delivering biting social commentary in the guise of a stand-up comedian and thus changing the nature of both stand-up comedy and social commentary, died on Tuesday, Oct. 26, 2021, at his home in Mill Valley, Calif., near San Francisco. He was 94. (Don Hogan Charles/The New York Times)
Legendary local comedian dies at 94

By Bruce Weber NYTimes News Service Mort Sahl, who confronted Eisenhower-era cultural… Continue reading

Sharon Van Etten (left) reached out to Angel Olsen about working on a song and they ended up releasing “Like I Used To,” which may be performed at Outside Lands. (Photo by Dana Trippe)
Performers’ emotions are high as Outside Lands returns to San Francisco

Festival features Sharon Van Etten and Boy Scouts alongside The Strokes, Lizzo and Tame Impala

Most Read