From Deseret News archives:
San Francisco gay marriages nullified
California high court says mayor overstepped
The justices ruled unanimously that Mayor Gavin Newsom overstepped his authority when he ordered the marriage licenses issued on Feb. 12 in defiance of a state law that defines marriage as a union between a man and a woman.
By a 5-2 vote, the court ruled that none of the 3,955 couples that flocked to City Hall in response to Newsom's decree was ever legally married or entitled to the rights of spouses. The court said their $82 license fees should be refunded.
"A same-sex marriage performed in violation of state law is void and of no legal effect," said Chief Justice Ronald George, rejecting the city's plea to leave the couples' status unresolved until the court decides the validity of the marriage law in a future case.
Jeri Tafoya, 39, of Salt Lake City, was disappointed to learn her marriage to Carmen Melendez, 36, was nullified, even though she knew it had no legal value in Utah, where same-sex marriages are not recognized.
"It's just one more stab in the back," Tafoya said. "Everything we do just to get basic rights is such a fight. I hate feeling like a second-class citizen in our state."
"I stood in line for 11 hours on the 22nd of February, the rain was pounding like crazy," she said. "So many other people had waited 25 years."
Michael Mitchell, executive director of Equality Utah, said even though the marriages were strictly symbolic for roughly a dozen Utah couples, "it was still very meaningful for them."
Bill Wilson, who married his partner of 13 years at San Francisco City Hall in February, said the decision made him angry but determined. Wilson, 54, said he considers the judgment "a speed bump on the road to equality" and he will continue to consider his marriage legal.
"We were 10th in line to register for domestic partners in 1991 and first in line to get married," Wilson said. "You can't invalidate what's in my heart."
But George said Newsom's claim of authority to disregard a law he considered unconstitutional would set a dangerous precedent, allowing local officials to defy state statutes on civil rights, environmental protection and gun control based on their personal interpretations of the Constitution.
Comments
- Unga might enter NFL draft 9:56 p.m.
- Americans' net worth inches higher 9:27 p.m.
- Utah Valley honors ex-CEO 9:27 p.m.
- IRS gets new, green bldg in Ogden 9:25 p.m.
- Yahoo expands 'tweet' search 9:22 p.m.
- Relief plan helps few borrowers 9:22 p.m.
- Nielsen dumps its trade journals 9:21 p.m.
- Everton in talks about Donovan 9:19 p.m.
- Bone drugs may help prevent cancer 9:19 p.m.
- U. scientist finds dino carnivore 9:14 p.m.
- Nude bathers cited for lewdness
- Few details on missing W.V. mom
- Jazz fall apart late at L.A.
- Crash landing next to I-15
- Defense witness goes on offensive
- BCS = power conference monopoly
- Palin signs books, chats with fans
- I-15 expansion barreling south
- 5 officers lose their certification
- Y.'s Emery bruised, but rarely beaten
- Letters: Global warming a lie
256 - TCU to play Boise in Fiesta Bowl
206 - BYU football: Bronco weighs in on Hall
193 - Palin signs books, chats with fans
163 - Cougars going back to Vegas
150 - Utah/BYU rivalry can be more civil
149 - Andersen apologizes for Jordan hoax
142 - Max Hall wants to look ahead
124 - Nude bathers cited for lewdness
119 - Jazz fall apart late at L.A.
110
Love him or hate him, Utah Sen. Orrin Hatch knows how to get attention.
Well, I did it. I gave in to the seductions of the ridiculously sexy...
Do you want them to look the other way when they come across a law being broken?
Mr Vincent, If you belive in your heart that you don't pay enough taxes......
Why shouldn't he get approval if the project is a good one? Should he be...
To: Re: Lame | 7:34 p.m. Dec. 10, 2009 He is a senior. I don't even know...
Isn't this the guy who got up and gave a speach declaring the war is...
I agree with Lowell and laugh at both of us, but I love The Muppet Christmas...
With the collective bargaining agreement possibly changing in the NFL, rumor...
In 2006, the parliament of France courageously rejected same-gender marriage...
I'm sorry but you must have never seen sports outside of Utah. Texas 1500...
Why would a junior with worse numbers get the award if the senior out did him...



You can be the first to comment on this story.