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AP  
August 12, 2004

State Supreme Court voids gay marriages in San Francisco

SAN FRANCISCO, USA (AP) – The California Supreme Court yesterday voided the nearly 4,000 same-sex marriages sanctioned in San Francisco this year and ruled unanimously that the mayor overstepped his authority by issuing licences to gay and lesbian couples.

The court said the city violated the law when it issued the certificates, since both legislation and a voter-approved measure defined marriage as a union between a man and woman.

The justices separately decided with a 5-2 vote to nullify the 3,995 marriages performed between February 12 and March 11, when the court halted the weddings. Their legality, Justice Joyce Kennard wrote, must wait until courts resolve the constitutionality of state laws that restrict marriages to opposite-sex couples.

The court did not resolve whether the California Constitution would permit a same-sex marriage, but ruled on whether local officials could bypass state judicial and legislative branches.

Chief Justice Ronald George noted that yesterday’s ruling doesn’t address “the substantive legal rights of same sex couples. In actuality, the legal issue before us implicates the interest of all individuals in ensuring that public officials execute their official duties in a manner that respects the limits of the authorities granted to them as officeholders”.

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