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Calif. Court Mulls Handling Of Same-Sex Marriages

POSTED: 1:18 pm PDT April 15, 2004

The California Supreme Court has indicated it's mulling how to treat the 4,000 same-sex couples who were married in San Francisco.

The justices asked for a briefing for the first time on whether they should invalidate the marriages if they rule that Mayor Gavin Newsom did not have the authority to issue the marriage licenses.

The justices have asked Newsom, California Attorney General Bill Lockyer and a conservative group opposed to gay marriage for their views.

Lockyer has already told the court in briefs that the marriages are invalid. The Alliance Defense Fund says the high court should nullify the marriages.

Newsom and same-sex couples who were denied marriage licenses sued after same-sex marriages were halted last month. They allege the state constitution allows men to marry men and women to marry women.

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Mass. Governor Wants Ruling Delayed

In another battleground in the debate, Massachusetts Gov. Mitt Romney continues to explore ways to delay marriages between same-sex couples from becoming legal in the state.

Romney announced Thursday that he's seeking emergency legislation to appoint a special counsel that would ask the state's highest court to delay its ruling on gay marriage.

Under Massachusetts law, the governor cannot directly approach the courts.

The court ruled last November that the state must legalize gay marriages starting next month, because to not do so violates the state's constitution.

Romney said the legislation letting him argue to the top court will "protect the integrity of the constitutional process."

"Fundamentally, I believe this is a decision which is so important it should be made by the people," Romney said. "I would like the right to be able to represent the people and my own office before the courts of Massachusetts on an important matter."

The state Legislature has given initial approval to a measure that would define marriage as between a man and a woman. That amendment, however, must pass the Legislature again next year and then be approved by voters.

The state's attorney general already rejected Romney's request to delay the ruling until voters can decide.

Romney hopes to appoint retired state justice Joseph Nolan as the special counsel. Nolan has called the court's ruling legalizing gay marriage an abomination.

Romney has repeatedly said he wants to avoid the confusion that might ensue if gay marriages are allowed and the state then passes a constitutional amendment banning them.

Florida Lawsuit

Several same-sex couples and their attorneys were set to file suit against Florida Thursday challenging the state law limiting marriage rights to heterosexual couples.

The suits were to be filed at the Monroe County courthouse in Key West.

The couples are demanding an end to what they call marriage discrimination.


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