poetics, time, body disruption and marginally queer solutions

Tuesday, May 25, 2004

California Supreme Court appears inclined to rule against SF on gay marriage
DAVID KRAVETS, AP Legal Affairs Writer

The California Supreme Court appeared ready to conclude that San Francisco Mayor Gavin Newsom abused his powers by issuing 4,000 marriage licenses to gay couples earlier this year -- but the justices expressed reservations over nullifying the nuptials outright.

While the court did not rule during two hours of oral arguments Tuesday, several of the seven justices suggested that approving Newsom's actions would foment legal anarchy and let local officials choose which laws to follow.

"Wouldn't that be setting a problematic precedent?" asked Justice Joyce Kennard. "Presumably, other local officials would be free to say ... I don't like that particular law, be it a ban on guns" or another issue.

The justices peppered opponents of the licenses, including a lawyer representing California's attorney general, and attorneys for the city with questions over how free locally elected officials are to disobey state law.


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