/ 12 March 2004

California court blocks gay marriages

The California Supreme Court on Thursday night ordered officials in San Francisco to immediately stop granting same-sex marriage licences, delivering a blow to gay rights advocates in the United States.

The court did not rule on whether gay marriage was legal and said it expected to hear further proceedings on the issue in May or June.

San Francisco began officiating same-sex weddings on February 12, when the Democratic Mayor, Gavin Newsom, ordered his administration to issue licences to gay couples. Since then more than 3 700 couples from around the country have tied the knot in the city.

The issue of same-sex marriage has polarised the US and is already becoming a significant issue in the presidential elections later this year.

President George Bush is appealing to the Republican core by seeking a constitutional amendment ensuring marriage is always between a man and a woman.

The action by California’s highest legal authority came two weeks after state attorney general, Bill Lockyer, and a conservative group asked the seven justices to immediately call a halt to gay marriages. Lockyer was acting on the order of the state governor, Arnold Schwarzenegger.

The justices ruled unanimously that Newsom must ”refrain from issuing marriage licences or certificates not authorised” by state law. The city has been given a week to put together its reply to the court.

San Francisco’s stance has encouraged a handful of other municipalities around the country to follow suite.

The California court’s action was announced as lawmakers in Massachusetts reconvened to consider a ban on gay marriage. They have given preliminary approval to a state constitutional amendment that would prevent same-sex weddings but would allow civil unions with many of the same legal protections of marriage.

The presumptive Democratic presidential contender, John Kerry, has mirrored that stance, backing civil unions but standing against gay marriage.

The Massachusetts supreme court began the present controversy when it ruled in November that it was unconstitutional to prevent gay people from marrying, a ruling that sent lawmakers scrambling to rewrite the state constitution.

Under the supreme court ruling, gay marriages can begin on May 17. Hundreds of people crowded the streets outside the Massachusetts legislature in Boston as yesterday’s debate took place.

Bush on Thursday sent a message to the National Association of Evangelicals Convention in Colorado reaffirming his position.

Amending the constitution is extremely difficult and rare. It needs two-thirds of congressional support and ratification by three-quarters of the 50 states. – Guardian Unlimited Â