SAN FRANCISCO, Aug. 12 - The California
Supreme Court ruled Thursday that a blitz of same-sex weddings here in
February and March had no standing under state law and declared the
marriages "void and of no legal effect from their inception."
In a unanimous ruling, the justices said that Mayor Gavin Newsom of San
Francisco had exceeded his authority in allowing the marriages. By a
5-to-2 vote, the court also rendered the licenses, more than 4,000 in all,
nothing more than a collector's item, ordering city officials to remove
any record of them from the books and to offer the couples refunds of
license fees.
The decision was narrow legally, applying only to the issue of
executive authority and not to the constitutionality of state law limiting
marriage to unions between a man and a woman.
Yet in practical terms, though previous rulings here and elsewhere in
the country have placed thousands of same-sex marriages in limbo, the
decision on Thursday was the biggest and most definitive reversal of gay
weddings anywhere because of the nullification of the marriages.
"Withholding or delaying a ruling on the current validity of the
existing same-sex marriages might lead numerous persons to make
fundamental changes in their lives or otherwise proceed on the basis of
erroneous expectations, creating potentially irreparable harm," Chief
Justice Ronald George wrote for the majority.
In a dissenting opinion, Justice Joyce L. Kennard said it was too early
to throw out the licenses because of a separate constitutional challenge
now in San Francisco Superior Court to the prohibition on gay marriage in
California state law.
"It is premature and unwise to assert, as the majority essentially
does, that the thousands of same-sex weddings performed in San Francisco
were empty and meaningless ceremonies in the eyes of the law," Justice
Kennard wrote.
In issuing the licenses between Feb. 12 and March 11, when the Supreme
Court ordered a halt to them, city officials warned the same-sex couples
that the marriages had uncertain legal standing. But in the general
euphoria of the time, few of the couples cared much about the caveat. In
the early days before an appointment system was put in place, thousands of
people lined up at City Hall in the hope of getting married.
Some of the same-sex married couples said they later used the licenses
to obtain benefits previously denied them, like discounts on insurance.
Dennis Herrera, the San Francisco city attorney, said Thursday that he
could offer no guidance to couples who had received such benefits,
suggesting only that they consult a lawyer. Molly McKay, a lawyer who is
associate executive director of Marriage Equality California, a gay rights
group, said her own auto insurance discount of $316 might now be in
jeopardy.
"Every year we called them to determine whether we qualify for the
marital discount as domestic partners," Ms. McKay said of her insurance
company, "and every year they said no." But after Ms. McKay and her
partner of seven years got married, she said, "We called our agent and
said: Guess what? We're married. Do we get the discount? And they said
sure."
Ms. McKay, who showed up outside the courthouse on Thursday and wore
her wedding dress, and the leaders of other gay and lesbian groups said
the ruling had unleashed a torrent of questions from scores of suddenly
unmarried same-sex couples. The National Center for Lesbian Rights posted
a series of "Frequently Asked Questions" on its Web site to help address
some of the concerns.
"The interesting question is, what happens next?" Ms. McKay said. "Do
we file a joint tax return for the six months of our marriage and then
file another return for the rest of the year separately as single?"
Yet even with the many pragmatic concerns, the most prevalent reactions
to the ruling among gay-marriage advocates were anger and sadness. Several
gay couples gathered on the steps outside the Supreme Court here to wait
for the ruling and wept as excerpts from the court's 114-page decision
were read aloud.
"I feel more pain than I expected to," said Kate Kendell, a lawyer who
is the executive director of the National Center for Lesbian Rights and
who acted as a witness at the first gay wedding on Feb. 12. "My lawyer
brain is being seeped into by my human brain."
The decision was hailed by conservative groups opposed to same-sex
marriage as an important repudiation of San Francisco's bid to skirt a
state law, approved by voters in 2000, that defines marriage as "a
personal relation arising out of a civil contract between a man and a
woman."
Jordan Lorence, a lawyer for the Alliance Defense Fund, a Christian
advocacy group that sued the city over the same-sex marriages, said the
decision amounted to a "huge message" to Mr. Newsom and other gay-marriage
advocates that they cannot break the law.
In issuing their ruling, the Supreme Court justices said Mr. Newsom,
who had argued the state law on marriage was unconstitutional, had invited
chaos by overstepping his bounds as mayor.
"This conclusion is consistent with the classic understanding of the
separation of powers doctrine - that the legislative power is the power to
enact statues, the executive power is the power to execute or enforce
statutes, and the judicial power is the power to interpret statutes and to
determine their constitutionality," Chief Justice George wrote.
"There are thousands of elected and appointed public officials in
California's 58 counties charged with the ministerial duty of enforcing
thousands of state statutes," he wrote later. "If each official were
empowered to decide whether or not to carry out each ministerial act based
upon the official's own personal judgment of the constitutionality of an
underlying statute, the enforcement of statutes would become haphazard,
leading to confusion and chaos."
Hailing the ruling, Mr. Lorence said, "Change comes by respecting
regular procedures, not by defying state law."
He and others who had challenged the marriages gathered across the
street from the Supreme Court building.
Another lawyer for the group, Joshua Carden, said the court had
rendered the San Francisco marriages meaningless.
"It's like counterfeit money," Mr. Carden said of the licenses, "you
can't spend it and you can't cash it."
Mr. Newsom, speaking at a news conference at City Hall, said he would
respect the ruling, though he said he disagreed with it. He offered no
apologies for his actions, except to say that his bid to bring same-sex
marriage to California would take longer than he had hoped.
"I think what we did was right and appropriate and history will judge
that," Mr. Newsom said.
As satisfying as the ruling was for the opponents of gay marriage, many
agreed that the biggest fight was yet to come. In issuing its ruling, the
Supreme Court expressly sidestepped the fundamental question of whether
the state's ban on same-sex marriage was constitutional. That question is
the subject of a separate lawsuit that could take several years before
reaching the State Supreme Court.
With that fight in mind, gay-marriage advocates organized a protest
march late on Thursday, beginning in the heavily gay Castro district and
ending at Civic Center Plaza near the Supreme Court.
Mr. Newsom said he was convinced that gay-marriage proponents would
achieve victory in his lifetime and in the lifetimes of the first couple
to be married at City Hall, Del Martin, 83, and Phyllis Lyon, 79.
Mr. Lorence, the lawyer for the Alliance Defense Fund, disagreed.
"People will step in," he said. "Previous political actions in various
states have shown that the voters will step in when the states get it
wrong."
Carolyn Marshall contributed reporting for this
article.