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California Supreme Court rules San Francisco mayor out of bounds; same-sex 'marriage' licenses invalid

Friday, Aug 13, 2004

SAN FRANCISCO — Today the California Supreme Court handed a huge victory to the millions of California voters who passed Proposition 22 and oppose same-sex "marriage."

The court ruled 7-0 that the mayor and county clerk of San Francisco exceeded their authority when they defied state law and issued "marriage" licenses to same-sex couples. The court also ruled 5-2 that because San Francisco issued the licenses illegally, they are invalid.

"The justices have restored the rule of law in California," said Alliance Defense Fund Senior Counsel Jordan Lorence, who argued the case Lewis v. Alfaro before the California Supreme Court on May 25. "The decision shows that same-sex ‘marriage’ is not inevitable. Same-sex ‘marriage’ loses whenever a state puts it before voters."

"The justices rightly saw the chaos that could ensue if a local official was allowed to defy the law," Lorence added. "It’s common sense that illegally issued documents cannot be valid. The licenses were null and void from day one."

San Francisco Mayor Gavin Newsom directed County Clerk Nancy Alfaro to grant the invalid licenses to same-sex couples in February. She continued to do so until March 11, when the California Supreme Court unanimously issued a stay ordering her to cease issuing them. ADF filed the request for the stay and writ of mandate on February 25.

ADF is currently defending marriage from legal attacks in Massachusetts, Maryland, Pennsylvania, Washington, Oregon, Ohio, and Louisiana.

ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.


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