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Semicolon keeps same-sex marriages going
WorldNetDaily.com ^ | Wednesday, February 18, 2004

Posted on 02/18/2004 12:00:53 AM PST by JohnHuang2

LAW OF THE LAND
Semicolon keeps same-sex marriages going
2nd judge delays ruling, cites punctuation error in plaintiff's petition


Posted: February 17, 2004
9:13 p.m. Eastern


© 2004 WorldNetDaily.com

Traditional-family defenders sought an immediate halt to San Francisco's unprecedented issuance of marriage licenses to same-sex couples, but judges in two separate cases delayed taking action today, citing court procedures.


Same-sex couples line up outside San Francisco City Hall Monday. (Photo: San Jose Mercury News)

At the second hearing, this afternoon, San Francisco Superior Court Judge James Warren told plaintiffs their argument likely would succeed but rejected their petition because of a misplaced semicolon.

The Proposition 22 Legal Defense and Education Fund asked the judge to order the city to "cease and desist issuing marriage licenses to and/or solemnizing marriages of same-sex couples; to show cause before this court."

Warren said the petition should have an "or" where the semicolon is placed.

"I am not trying to be petty here, but it is a big deal," he told the group's attorneys, concluding, "I don't have the authority to issue it under these circumstances."

Warren eventually issued a non-binding cease and desist order which said if the city did not comply it must return for a March 29 hearing to show cause for non-compliance, said the Arizona-based Alliance Defense Fund, which is representing the Prop 22 group.

This morning, San Francisco Superior Court Judge Ronald Quidachay rescheduled hearing until Friday a motion to stop the licenses filed on behalf of the pro-family lobby group Campaign for California Families.

Quidachay said the plaintiffs had not given the city enough notice to obtain an emergency injunction.

The petition, argued by the public-interest firms Lively & Ackerman and Liberty Counsel, contended Mayor Gavin Newsom and Clerk Nancy Alfaro had no authority to redefine marriage in direct conflict with California law.

Liberty Counsel immediately appealed to the California Appeals Court for a writ of mandamus, which asks a court to require a government official to obey clearly-established law.

The court is being asked to set an immediate hearing.

"This is not an issue that can be swept aside and ignored," said Mathew Staver, president and general counsel of Liberty Counsel. "… We are confident that the appeals court will understand the urgency of the situation."

With the clerk's office kept open over the weekend, more than 2,400 same-sex couples have been issued licenses since Thursday, when the city became the site of the first officially sanctioned "gay marriage" in American history.

Newsom argues homosexuals should be able to marry based on the California Constitution's guarantee of equal protection under the law. The 36-year-old mayor, who began his term Jan. 8, insists he merely is fulfilling his duty.

In their brief in the CCF case, lawyers for the city argued local government agencies can advance their own interpretations of the state constitution. They also reject the family lobby group's claim that a court stay is necessary to avoid irreparable harm, contending same-sex couples "denied the right to marry face far greater harm than the petitioners here."

In its case, the Alliance Defense Fund argues the statutes under the family code specify marriage is reserved to a man and a woman, and ADF chief counsel Benjamin Bull points out no court has declared that section to be unconstitutional.

"Officials charged with solemnizing marriages must enforce those statutes on constitutional grounds when issuing marriage licenses, regardless of what [Mayor] Newsom orders them to do," said Bull.


San Francisco Mayor Gavin Newsom (Photo: baycrossings.com)

A Christian legal group has urged California Gov. Arnold Schwarzenegger to arrest Newsom for his defiance of state law. The American Family Association Center for Law and Policy called his move "an arrogant stunt" proving "the radical homosexual movement will trample the rights of all who stand in their way."

The AFA's law center wrote Schwarzenegger and Attorney General Bill Lockyer Friday insisting the mayor not only violated civil law, but criminal law as well.

The letter cites California's penal code Section 115, which "prohibits the knowing procurement of any false or forged instrument to be filed or recorded in any public office."

The penalty for the felony, the letter notes, is up to three years in prison. The AFA says this means three years for each false certificate issued.

Tomorrow, Wyoming's Senate Judiciary Committee will consider a bill that would bar recognition of same-sex marriages from other states.

Yesterday the Georgia Senate passed a constitutional amendment to ban same-sex marriage. But the measure might not make it on the November ballot because of opposition in the state House, where it needs 120 out of 180 votes.

Republican state Sen. Mike Crotts said the events in San Francisco and the recent high-court ruling in Massachusetts moved Georgia lawmakers to action, the Atlanta Journal-Constitution reported.

"They forced it to the surface in Massachusetts. They forced it to the surface in California," Crotts said. "Let the people be heard over the voices of the judges."

On Feb. 4, the Massachusetts Supreme Judicial Court said in an advisory opinion same-sex couples are entitled to marriage and not an alternative, such as Vermont-style civil unions. The high court decided Nov. 18 homosexual couples are legally entitled to wed under the state constitution. However, the 4-3 November ruling stopped short of declaring homosexual couples should be granted the license, ordering the state legislature to come up with a solution by mid-May.

The Massachusetts Legislature, however, suspended debate this month after the narrow defeat of three amendments during two days of tense negotiations. The lawmakers will reconvene the constitutional convention March 11.


TOPICS: Front Page News; News/Current Events; US: California
KEYWORDS: civilunion; homosexualagenda; lawsuit; marriage; prisoners; samesexmarriage; sf; stunt
Wednesday, February 18, 2004

Quote of the Day by Viking2002

1 posted on 02/18/2004 12:00:53 AM PST by JohnHuang2
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To: JohnHuang2
There's a joke in there somewhere.
2 posted on 02/18/2004 12:06:40 AM PST by Paleo Conservative (Do not remove this tag under penalty of law.)
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To: *Homosexual Agenda; EdReform; scripter; GrandMoM; backhoe; Yehuda; Clint N. Suhks; saradippity; ...
Homosexual Agenda Ping.

Here's another one. It would be pleasant to see Thug Clown-fool "Mayor" Noisome serving some time for the - what is it now - 2700 false instruments?

***"The letter cites California's penal code Section 115, which "prohibits the knowing procurement of any false or forged instrument to be filed or recorded in any public office."

The penalty for the felony, the letter notes, is up to three years in prison. The AFA says this means three years for each false certificate issued."***

Let me know if you want on or off this ping list.

It's going to get more intense. I probably won't ping every single article, but most of them. My hands will get worn out.

3 posted on 02/18/2004 12:24:55 AM PST by little jeremiah (everyone is entitled to their opinion, but everyone isn't entitled to be right.)
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To: JohnHuang2
I'll never use another semi-colon again out of protest. I've got my eye on pronouns, too...
4 posted on 02/18/2004 2:24:13 AM PST by Caipirabob (Democrats.. Socialists..Commies..Traitors...Who can tell the difference?)
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To: Caipirabob
Of course in a nation in which the inmate had not taken over someone would simply have drawn a line through the semicolon and all parties would have initialed it and kept on going.

Did we not have courts and laws in the days before word processors.

With every breath we breathe we make bigger fools of ourselves - a sad legacy for us to leave the history books.

5 posted on 02/18/2004 2:46:32 AM PST by The Duke
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To: The Duke
The semi colon judge is playing games. He does not want the conservatives to win so he is hanging his hat on a scrivner's error. It would not be surprising to find out the judge is himself a homosexual, member of the ACLU, or just a flaming liberal.(or all of the above).

typos are so common in pleadings that for this judge to hang his reasoning on this pathetic reason almost begs for an appeal based on abuse of discretion.
6 posted on 02/18/2004 2:56:36 AM PST by longtermmemmory (Vote!)
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To: JohnHuang2
The law perished for want of a semi-colon. My law for a semi-colon, my law for a semi-colon! (With apologies to William Shakespeare for borrowing from Richard III).
7 posted on 02/18/2004 3:00:45 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Paleo Conservative
OK, try this one:


After 3 years of a same sex "Cival Union" Bruce needed an operation; as a result he has a semi-colon.
8 posted on 02/18/2004 3:44:13 AM PST by AlbertWang
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To: JohnHuang2
"I am not trying to be petty here, but it is a big deal," he told the group's attorneys, concluding, "I don't have the authority to issue it under these circumstances."


I served as a Judge for many years and I am here to tell you that he WAS being petty and he did have the authority to issue it.
9 posted on 02/18/2004 4:34:29 AM PST by garylmoore (It is as it was)
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To: JohnHuang2
I wonder what the outcry from the Left would be, if Newsome were instead handing out over 2,000 CCW permits without the legal authority to do so?

Why on EARTH is he getting away with this? Do we really lack the khutzpah to publicly call this situation what it truly is? Are we afraid of not being PC enough? For Christ sake, they're BREAKING THE LAW...but it's being given a press-pass and instead called CIVIL DISOBEDIENCE!

Man, this infuriates me!
10 posted on 02/18/2004 4:39:48 AM PST by ItsOurTimeNow ("By all that we hold dear on this Earth I bid you stand, men of the West!")
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To: Caipirabob; hchutch
I'll never use another semi-colon again out of protest. I've got my eye on pronouns, too...

I always thought a pronoun was a noun that had lost its amateur status.

11 posted on 02/18/2004 4:40:38 AM PST by Poohbah ("Would you mind not shooting at the thermonuclear weapons?" -- Maj. Vic Deakins, USAF)
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Comment #12 Removed by Moderator

To: Paleo Conservative
Semicolon keeps same-sex marriages going

A colon, semi or otherwise is an important element in the relationship.

13 posted on 02/18/2004 6:15:44 AM PST by tbpiper
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To: Caipirabob
It's the conjugates that get you every time.
14 posted on 02/18/2004 7:15:21 AM PST by ijcr (Age and treachery will always overcome youth and ability.)
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To: Poohbah
I always thought a pronoun was a noun that had lost its amateur status.

Now that's funny! Would make a great tagline too.

15 posted on 02/18/2004 7:20:45 AM PST by facedown (Armed in the Heartland)
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To: Paleo Conservative
How bout this:

No surprise that the homosexual crowd was inspired enough to find new ways to utilize half a colon!

[rimshot-cymbal crash]

Thanks--I'll be playing the Copa all next week!
16 posted on 02/18/2004 7:40:31 AM PST by LibertarianInExile (THIS TAGLINE VETTED BY THE TSA...it was sharp and had a point before they got to it.)
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To: Paleo Conservative
He said Colon!
17 posted on 02/18/2004 9:44:06 AM PST by ffusco (Maecilius Fuscus,Governor of Longovicium , Manchester, England. 238-244 AD)
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To: ItsOurTimeNow
For Christ sake, they're BREAKING THE LAW...but it's being given a press-pass and instead called CIVIL DISOBEDIENCE!

Maybe I am confused here. At this point, other than a piece of paper that says "Bruce" and "Steve" are "married", what have they gained? It isn't like the Mayor is handing out money to them.

I'm pretty confident that a court will eventually tell the city to stop. After the city stops, its not like the homos retain something they were "given" at the expense of someone else. There is no "lasting harm" because the city handed out licenses that are rendered invalid at a later date.

I think we should keep this in persepctive.

18 posted on 02/18/2004 9:53:41 AM PST by freedomluvr1778
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To: garylmoore
Newsom has built several successful businesses in Northern California. In 1992, he opened his first business, the PlumpJack Wine Shop. Today, Newsom is a general partner in a number of business enterprises, including the PlumpJack Wine Shop, the PlumpJack Cafe, the Balboa Cafe, the Matrix/Fillmore, the Squaw Valley Inn, and the PlumpJack Management Group.

Gavin Newsom was born October 10, 1967 to the Honorable William Newsom and Tessa Newsom. He grew up in the Bay Area and graduated from Santa Clara University in 1989 with a Bachelor of Arts in Political Science. Gavin is married to Kimberly Guilfoyle Newsom, a San Francisco Assistant District Attorney.

19 posted on 02/18/2004 10:09:05 AM PST by kcvl
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To: freedomluvr1778; ItsOurTimeNow
For Christ sake, they're BREAKING THE LAW...but it's being given a press-pass and instead called CIVIL DISOBEDIENCE!

"Maybe I am confused here."

Imagine if they were handing out concealed carry permits to people who didn't meet the qualifications.

20 posted on 02/18/2004 1:17:44 PM PST by Paleo Conservative (Do not remove this tag under penalty of law.)
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To: facedown
Now that's funny! Would make a great tagline too.

It's from Calvin and Hobbes:

CALVIN: I need help on my homework. What's a pronoun?

HOBBES: A noun that lost its amateur status.

CALVIN: *blinks* Maybe I can get a point for originality.

21 posted on 02/18/2004 4:22:39 PM PST by MegaSilver
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To: MegaSilver
It's from Calvin and Hobbes:

Oh yeah? Well:


22 posted on 02/18/2004 4:36:27 PM PST by facedown (Armed in the Heartland)
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