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Judge Rejects Attempt to Stop Marriage for Gay Couples; "Four Times in Seven Days, Courts Have Said San Francisco Can Keep Marrying Same-Sex Couples," Lambda Legal Says

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February 20, 2003

(San Francisco, Friday, February 20, 2004) — Same-sex couples can continue to get married in San Francisco after the latest legal threat was safely cleared today, Lambda Legal said. Judge Ronald Quidachay denied a motion from an antigay group seeking an immediate order forcing the City of San Francisco to stop issuing marriage licenses to same-sex couples. Earlier this week, a different court denied another antigay group’s request to immediately stop the city’s actions.



Judge Quidachay said marriage licenses could continue to be issued to same-sex couples as the courts consider two lawsuits filed by antigay groups. Initially there were two separate lawsuits by different antigay groups, but Judge Quidachay consolidated both lawsuits to prevent duplication of efforts and potential inconsistencies in the rulings that could become confusing to the public. It has not been decided which judge will hear the cases. The next hearing is scheduled for March 29.

“We’re delighted with today’s developments. Four times in seven days, courts have said San Francisco can keep marrying same-sex couples,” said Jon Davidson, Senior Counsel for Lambda Legal in its Western Regional Office in Los Angeles. “While this fight is far from over, this case will ultimately resolve whether the California Constitution requires that same-sex couples be given the equal right to marry.”

The National Center for Lesbian Rights, Lambda Legal and the ACLU entered the case representing several same-sex couples who married in San Francisco in recent days, a San Francisco couple who wants to marry and Equality California (a statewide lesbian and gay advocacy group) on behalf of its members.

“California state law prohibits recognition of marriage between same-sex couples -- but that law would have to comply with the state Constitution to remain valid, and before this week California courts had never been asked to consider whether the law is constitutional,” said Kate Kendell, Executive Director of NCLR.

"We are pleased that the court has recognized that the City of San Francisco should be permitted to continue issuing marriage licenses to same-sex couples. Since February 12, more than 3000 couples - sometimes in pouring rain and in the dark - have lined up outside City Hall to get married. It is time to put an end to discrimination against gay and lesbian couples who are only seeking the same protections for their families that others take for granted" said Tamara Lange, staff attorney of the ACLU of Northern California.

The City of San Francisco began issuing marriage licenses to same-sex couples last week when Mayor Gavin Newsom said the state Constitution’s guarantees of equality and due process required him to issue licenses to same-sex couples. Judge Quidachay’s ruling today does not address any of those substantive issues, nor does it address Newsom’s authority as mayor to issue the marriage licenses. Those questions will be argued in the next couple of months.

Contact: Fred Shank, 212/809-8585 ext. 267, 917/691-5412 (cell)


 

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