Same-sex marriage in California - Definition and Overview

Same-sex marriage in California: No jurisdiction in the state of California currently issues marriage licences to same-sex couples.

The City of San Francisco did so in early 2004, but those were later voided. More recently, a bill has been proposed in the California state legislature to legalize same-sex marriage.

San Francisco marriages, February 12 to August 12, 2004

Same-sex couples gather at San Francisco City Hall during Valentine's Day weekend 2004 to apply for marriage licenses.

Example of marriage license issued in San Francisco.

From February 12 to March 11, under the direction of Mayor Gavin Newsom of San Francisco, California, city officials issued marriage licenses to approximately 4,000 same-sex couples, in apparent defiance of state law. This was highly controversial, with both the legality of issuing the licenses and the efficacy of the purported marriages being contested. During the month that licenses were issued, couples travelled from all over the United States and from other countries to be married. On August 12, citing the mayor's lack of authority to bypass state law, the state supreme court ruled that the marriages were void.

Statistics

Marriage licenses were issued to 4,037 same-sex couples before the California Supreme Court issued its stay. During the same period, 103 opposite-sex marriage licenses were issued from the city hall.

Of those same-sex marriage licenses issued, 82 couples either decided not to go through with a marriage or failed to register their marriage with the county before the state supreme court stay was issued, meaning 3,995 completed same-sex marriages were registered in the county.

By reviewing first names of applicants, San Francisco officials estimated that 57 percent of the same-sex married couples were women. Demographic information gleaned from the registered licenses also shows the newlywed same-sex couples were older and better educated than the average American household. More than 74 percent were over age 35 while 69 percent had at least one college degree.

According to figures released March 18 by San Francisco County Assessor Mabel Teng, although 91.4 percent of the licenses were granted to couples living in California, other couples came from every state in the United States except for Maine, Mississippi, West Virginia and Wyoming.

Of the other states, the top five states represented included 32 couples each from Washington and Oregon, 24 from Nevada, 20 from New York and 16 from Florida. International same-sex couples, 17 in all, came from Canada, Denmark, France, Germany, the Netherlands, Switzerland, Thailand and the United Kingdom.

Legality

City officials claimed that although the marriages are prohibited by state law, they were legal under the Equal protection clause which invalidates the state law. The mayor said he permitted the marriages because he believes the state law was unconstitutional. However, legislators and groups opposed to same-sex marriages quickly reacted, filing suit and asking the courts to order the city to stop performing the ceremonies. Additionally, the California state agency that records marriages states that altered forms, including any marriage licenses issued to same-sex couples, would not be registered. The legal validity of the marriages was tested in the courts and marriages were eventually voided by the state supreme court.

The line of same-sex couples applying for marriage licenses stretches for blocks around San Francisco's City Hall in February 2004.

During the brief time same-sex marriages were being performed, David J. Knight, the son of State Senator William "Pete" Knight, who authored California Proposition 22 (2000), which prevented California from recognizing gay marriages from other states, married Joseph J. Lazzaro, his partner of 10 years, on March 9. [1] (http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2004/03/09/state2004EST0151.DTL)

Officials in Berkeley and Oakland, in nearby Alameda County, expressed interest in joining San Francisco, but have been unable to do so because marriage licenses are handled at a county, rather than at a city, level. San Francisco was able to issue its own licenses because San Francisco is both a city and a county. It is the only such city in California.

Timeline of Events

February 12: recently-elected Mayor Gavin Newsom and other city officials begin issuing marriage licenses in San Francisco, California. Lesbian activists Phyllis Lyon and Del Martin were the first same sex couple to be married. The event was intended to undercut a legal challenge planned by a conservative group, Campaign for California Families.

March 9: The San Jose City Council, by a vote of 8-1, agrees to recognize same-sex marriages performed in other jurisdictions for city employees.

March 11: The San Francisco-based California Supreme Court issues a stay ordering the County of San Francisco to stop performing same-sex marriages pending court review on the legality of the matter. Mayor Newsom agrees to abide by the order.

The ruling also did not alter a scheduled March 29 San Francisco Superior Court hearing before Judge Ronald Quidachay in which the Campaign for California Families (CCF) and the Alliance Defense Fund are claiming that San Francisco's granting of same-sex marriage licenses was illegal. Quidachay later delayed the hearing pending state supreme court action.

May 25: The state supreme court holds hearings on the legality of the marriages. The city of San Francisco had wanted its case heard first by lower courts, before juries, rather than by the state supreme court. However, the court suggested that San Francisco could file its own suit against the state, and the city launched such a suit that afternoon.

August 12: The state supreme court releases its decision, exactly 6 months after the first same-sex marriages were performed in San Francisco. The court rules unanimously that the City and County of San Francisco exceeded its authority and violated state law by issuing the marriage licenses. In a 5-2 decision, the court also declares all same-sex marriages performed in San Francisco to be void.

Bill in the state legislature

When the new session opens in the California legislature, a bill to legalize same-sex marriage is expected to top the legislative agenda. The bill was drafted by Mark Leno in December 2004 and enjoys the support of Speaker Fabian Núñez, Treasurer Phil Angelides, Controller Steve Westly, and Secretary of State Kevin Shelley. Governor Schwarzenegger has indicated that he would accept the legalization of same-sex marriage. (365gay.com) (http://www.365gay.com/newscon04/11/110804calMarr.htm)