San Francisco seeks resumption of gay marriages

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SAN FRANCISCO – City officials here have asked the California Supreme Court to allow the resumption of gay marriages.

Yesterday's request by City Attorney Dennis Herrera came a week after the seven justices halted the marriages until the court decides whether Mayor Gavin Newsom and his administration had the power to defy state law and issue same-sex marriage licenses to more than 4,000 gay couples since Feb. 12.

The court, responding to petitions by a conservative group and Attorney General Bill Lockyer, announced last week it would decide only whether Newsom had the authority to declare the Family Code – it says marriage is a union between a man and woman – unconstitutional and issue same-sex marriage licenses.

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Herrera, in briefs submitted to the Supreme Court yesterday, also argued the justices shouldn't decide on Newsom's power until the courts decide the constitutional issue, which could be years away.

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Herrera's briefing also argued that the state constitution's guarantee of equal protection under the law authorized the mayor to allow the gay marriages.

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