Newsom has no authority to issue licenses in violation of the express power delegaged by the state. If he believes the proposition is unconstitutional, his remedy is to challenge the proposition in court. Not to act without authority in issuing illegal licenses. Think about what the media coverage would be if a Republican started issuing Concealed Carry permits in a state that didn't allow their issuance---saying that the 2nd Amendment trumped the lack of a Concealed Carry law.
And what would be wrong with that? Seems to be a pretty effective way to force the issue into court. I wish some mayor *would* start issuing CCW permits in defiance of state law, citing the US contitution as precedent.
So Newsom is doing exactly what you suggest - he is challenging the law in court, just in a roundabout way.
I also just don't understand what everyone else here seems to instictively know - How does letting two gay men, or two gay women, marry one another weaken the marriage I have with my wife or the institution of marriage as a whole? Will my wife stop loving me because a couple of guys in the city love each other? Are our vows somehow compromised by this?
As far as I can tell, I woke up this morning next to my wife, just as married as I was when I went to bed yesterday, no difference. People used to predict all sorts of doom-and-gloom if a black man were to marry a white woman (gasp!), and we seemed to have survived that ok. The only downside I see if that competition for good wedding sites might be even more intense now than before. Honestly, I don't see what all the fuss is about.