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SF Attorney Fights Back Against Gay Marriage Foes
POSTED: 12:35 pm PDT May 31, 2008
UPDATED: 12:51 pm PDT May 31, 2008
San Francisco -- San Francisco City Attorney Dennis Herrera plans to file opposition next week to a request by 10 state attorneys general for a delay in the California Supreme Court's same-sex marriage ruling.
Herrera announced his plan Friday to file opposition papers with the court next week, saying it would be "both unprecedented and inhumane" to postpone the effectiveness of the ruling.
The 10 states, led by Utah Attorney General Mark Shurtleff, told the court in a letter on Thursday that they are concerned about the effects of "marriage tourism," or people from their states coming to California to get married.
The attorneys general said such marriages would raise complex legal issues in their states about how those unions would affect areas such as tax filing status, standing to file lawsuits, and spouses' privilege not to testify against one another.
The officials said delaying the ruling until after Californians vote in November on a proposed gay marriage ban could avoid "premature, unnecessary and burdensome" litigation in their states' courts.
In addition to Utah, the states are Alaska, Colorado, Florida, Idaho, Michigan, Nebraska, New Hampshire, South Carolina and South Dakota.
Two California groups opposed to same-sex marriage have also asked the court to stay its ruling until November, arguing that "legal havoc" could result if gay and lesbian marriages are allowed for five months and then banned if the constitutional amendment is passed.
The court has until June 16 to decide whether to stay its May 15 ruling that the state constitution gives same-sex couples a right to marry in California.
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POSTED: 12:35 pm PDT May 31, 2008
UPDATED: 12:51 pm PDT May 31, 2008
San Francisco -- San Francisco City Attorney Dennis Herrera plans to file opposition next week to a request by 10 state attorneys general for a delay in the California Supreme Court's same-sex marriage ruling.
Herrera announced his plan Friday to file opposition papers with the court next week, saying it would be "both unprecedented and inhumane" to postpone the effectiveness of the ruling.
The 10 states, led by Utah Attorney General Mark Shurtleff, told the court in a letter on Thursday that they are concerned about the effects of "marriage tourism," or people from their states coming to California to get married.
The attorneys general said such marriages would raise complex legal issues in their states about how those unions would affect areas such as tax filing status, standing to file lawsuits, and spouses' privilege not to testify against one another.
The officials said delaying the ruling until after Californians vote in November on a proposed gay marriage ban could avoid "premature, unnecessary and burdensome" litigation in their states' courts.
In addition to Utah, the states are Alaska, Colorado, Florida, Idaho, Michigan, Nebraska, New Hampshire, South Carolina and South Dakota.
Two California groups opposed to same-sex marriage have also asked the court to stay its ruling until November, arguing that "legal havoc" could result if gay and lesbian marriages are allowed for five months and then banned if the constitutional amendment is passed.
The court has until June 16 to decide whether to stay its May 15 ruling that the state constitution gives same-sex couples a right to marry in California.
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I hope the ruling will stand as is.
