San Francisco Mayor defiant as conservatives return to court

San Francisco Chronicle ^ | 20 February 2004 | Lisa Leff

[MegaSilver]

SAN FRANCISCO (AP) -- As conservative groups returned to court in hopes of halting this city's same-sex marriage spree, Mayor Gavin Newsom remained defiant, officiating Friday at the wedding of one of California's most prominent lesbian politicians inside his offices at City Hall.

[2banana]

Let me see if I understand this.

The mayor and the city clerk's office of San Francisco are breaking the law in issuing homosexual marriage certificates. Homosexual couples, without a doubt, know that the city and the clerk's office are breaking the law but are applying for homosexual marriage certificates anyways.

These "newly" married homosexual couples will then go back to their communities and demand that local agencies, state agencies, private business and charitable organizations recognize their marriage certificates as legal and give them all the benefits that married couples under the law receive. If they do not get their way, they will sue using the law. If they win, they will want to collect damages that the law will allow.

Now does anyone else see a disconnect?

[MegaSilver]

If homosexual marriage succeeds, I imagine we will descend into the Fourth Reich.

[kellynla]

It may be a disconnect but its a win, win for the queers...And the governor doesn't have the balls to tell the CA AG to have the SF mayor arrested...

[Post Toasties]

I just came from a site where a big Newsom supporter and part time time political agitator (gay, San Fran resident, too) is crowing about how they are doing this to drag Bush into an open dispute in public with the San Fran mayor which he believes will allow the issue to be framed to George Bush's disadvantage until the election.

As I have posted elsewhere, this issue should be tied to Kerry, not Bush, which can't really be done just yet since Kerry doesn't have the 'Rat party nod.

Just a word to the wise.

[cinnathepoet]

I still think conservatives should show up in mass at their city halls with their pets, favorite chairs, grandmothers, etc. and demand marriage licenses, until people understand the problem a little better.

[syriacus]

Barney Frank voted against repealing the Marriage Penalty Tax...

I wonder if he will regret his decision, once married gays realize he wanted them to pay extra taxes.

[CA Conservative]

And the governor doesn't have the balls to tell the CA AG to have the SF mayor arrested...

You reveal your ignorance about the California constitution. In CA, the AG is not an appointed position, but an elected constitutional officer. Thus, Lockyer (a Democrat who wants to be governor in 2006), does not work for the governor, and the governor cannot demand that the AG do anything. The only remedies if Lockyer refuses to do his job would be impeachment (not likely with the Dem majorities in both legislative bodies), or another recall election.

[TommyUdo]

"If homosexual marriage succeeds, I imagine we will descend into the Fourth Reich."

Possible.

The History of Human Conflict is ripe with what I call "That's It!" moments. Some large, some small. Whether this is one, remains to be seen. What I fear next is that these "people" may soon have the ability to "turn the cannons."

[kellynla]

"the governor cannot demand that the AG do anything" want to make a wager on that? The governor can instruct the governor to enforce the laws of this state....and if the AG won't do it the governor can...since he is the chief law enforcement officer in the state...the AG works for the people of CA and the governor is above him...if the AG neglects his responsiblity and the governor "reminds" him and the AG does not then the governor can certainly have the mayor arrested...let me know how much you can afford to lose. ROFLMAO

[PokeyJoe]

I need two good looking women to volunteer to get married to me. We will go to SF, invite cameras, and ask for a license for a threesome marriage. When they refuse us a certificate because it is only limited to two people, we will sue the city using it's own argument that it is using in State court to compel them to recognize our threesome as a legitimate formulation of "marriage".

Please see my picture below.

You should look like . . .

If they want a demonstration of the slippery slope before the general election - I say... Let's give it to 'em!

[Dalan]

Yes, the contradiction and hipocrisy is absolutely breathtaking. I've never seen anything like it.

These people are breaking the law in order to try to gain the benefits bestowed by the law they are breaking.

I wonder what's going to happen when the first divorce from one of these "marriages" comes along? What if there are children involved?

[madprof98]

"I feel affirmed as a married man by what's happened here in San Francisco."

He feels AFFIRMED?!? What kind of man feels AFFIRMED?!?

[PokeyJoe]

one who has spent his life in an ivory tower of a liberal university and actually buys all that crap about self-actualization.

[Dog Anchor]

If the City of San Fracisco is going to defy state law why
doesn't the Govenor halt all state monies to the city of
San Francisco until the Mayor complies with the law. This way the Mayor does not become a martyr and the Govenor is helping to alleviate the state budget crisis.

[kellynla]

"why doesn't the Govenor halt all state monies to the city of San Francisco..." NO BALLS!

[PokeyJoe]

yeah, steriod use makes the cajones really really small.

[CA Conservative]

How much can YOU afford to lose?

Subject to the powers and duties of the Governor, the Attorney General shall be the chief law officer of the State. It shall be the duty of the Attorney General to see that the laws of the State are uniformly and adequately enforced. The Attorney General shall have direct supervision over every district attorney and sheriff and over such other law enforcement officers as may be designated by law, in all matters pertaining to the duties of their respective offices, and may require any of said officers to make reports concerning the investigation, detection, prosecution, and punishment of crime in their respective jurisdictions as to the Attorney General may seem advisable. Whenever in the opinion of the Attorney General any law of the State is not being adequately enforced in any county, it shall be the duty of the Attorney General to prosecute any violations of law of which the superior court shall have jurisdiction, and in such cases the Attorney General shall have all the powers of a district attorney. When required by the public interest or directed by the Governor, the Attorney General shall assist any district attorney in the discharge of the duties of that office.
California Constitution, Article 5, Section 13

"Subject to the powers and duties of the governor" does not mean that the governor can arrest anyone or order the AG to take any action; it merely places the AG's functions subordinate to the governor's duties. In other words, the AG does not have the authority to override the goveror or usurp his powers. The AG is the chief law enforcement officer in the state, no one else.

The other problem with your position, is that as far as anyone has shown me, no criminal act has occurred to support an arrest. The law the mayor is defying in not included in the criminal code, and there is no criminal penalty attached to violating it. At most, there could be civil penalties attached, but he would have to be sued for that, not arrested and tried.

[45Auto]

Lockyer expressed sympathy...

That's all we need to know about the State AG. I have no doubt that the vermin are going to get away with it; that the Cal SC will find faggot marriage "legal" and binding. Its the 'binding' part that many of these "couples" are going to rue when they find out how difficult and expensive it is to get a legal divorce in California! Gay Divorce Court - what a circus it will be!

[kellynla]

You have entirely too much idle time on your hands. Make it a thousand dollars and let me know when your mommy can take you to meet me at my bank. Judge Napolitano was on FOX and he said that if the AG didn't arrest the mayor that the governor could. I think I'd take the judge's legal expertise over yours. ROFLMAO

[kellynla]

"When required by the public interest or directed by the Governor, the Attorney General shall assist any district attorney in the discharge of the duties of that office."
California Constitution, Article 5, Section 13

"...or directed by the Governor" thanks for making my point!

And by the way the Governor is the chief law enforcement officer of California not the AG. Don't bother apologizing for your accusing me of being ignorant...just get your facts straight next time.

[I_Love_My_Husband]

another ping

[kellynla]

Members of the Legislature, and all public officers and
employees, executive, legislative, and judicial, except such inferior
officers and employees as may be by law exempted, shall, before they
enter upon the duties of their respective offices, take and
subscribe the following oath or affirmation:


"I, ______, do solemnly swear (or affirm) that I will support
and defend the Constitution of the United States and the Consti-
tution of the State of California against all enemies, foreign
and domestic; that I will bear true faith and allegiance to the
Constitution of the United States and the Constitution of the
State of California; that I take this obligation freely, without

any mental reservation or purpose of evasion; and that I will
well and faithfully discharge the duties upon which I am about
to enter.
"And I do further swear (or affirm) that I do not advocate,
nor
am I a member of any party or organization, political or other-
wise, that now advocates the overthrow of the Government of the
United States or of the State of California by force or violence

or other unlawful means; that within the five years immediately
preceding the taking of this oath (or affirmation) I have not
been a member of any party or organization, political or other-
wise, that advocated the overthrow of the Government of the
United States or of the State of California by force or violence

or other unlawful means except as follows:
________________________________________________________________

(If no affiliations, write in the words "No Exceptions")
and that during such time as I hold the office of ______________

________________________________ I will not advocate nor become
(name of office)
a member of any party or organization, political or otherwise,
that advocates the overthrow of the Government of the United
States or of the State of California by force or violence or
other unlawful means."

And no other oath, declaration, or test, shall be required as a
qualification for any public office or employment.
"Public officer and employee" includes every officer and employee
of the State, including the University of California, every county,
city, city and county, district, and authority, including any
department, division, bureau, board, commission, agency, or
instrumentality of any of the foregoing."


And since the governor is the head of the state of CA, the governor is the top law enforcement officer of CA. CHECKMATE!

[freeangel]

It brings a whole new meaning to Brothers and Sisters of the world, unite!--Which of, course, will use the same arguements of nitwit newsom.

[heleny]

i just heard on the radio that today's ruling is not to stop the same-sex "marriages" and to combine the two cases.

[heleny]

as far as anyone has shown me, no criminal act has occurred to support an arrest. The law the mayor is defying in not included in the criminal code, and there is no criminal penalty attached to violating it. At most, there could be civil penalties attached, but he would have to be sued for that, not arrested and tried.

http://www.afa.net/clp/GetArticle.asp?id=22

"California Penal Code section 115 prohibits the knowing procurement of any false or forged instrument to be filed or recorded in any public office, making such an act a felony punishable by up to three (3) years in prison."

[kellynla]

Delays, Okay; State Law Will Prevail, Marriage Defenders Say
By Susan Jones
CNSNews.com Morning Editor
February 18, 2004

(CNSNews.com) - "Blatant violations of marriage law continued in San Francisco on Tuesday, as a Superior Court judge focused on technicalities of the court filing process instead of upholding California law," said one of the conservative groups that is trying to stop San Francisco from issuing marriage licenses to same-sex couples.

San Francisco Superior Court Judge Ronald Quidachay refused to block the city from issuing marriage licenses to homosexuals, and he rescheduled a hearing for Friday.

The Campaign for California Families, one of the plaintiffs in the case, is now asking a state appeals court to intervene, "since Judge Quidachay is choosing not to act."

"The state law is very clear," said the Campaign for California Families in a press release: "Under California Penal Code, Section 359 and 360, issuing invalid marriage certificates and officiating at unlawful weddings is a misdemeanor and punishable with fines and jail time."

"California law clearly provides that marriage is between one man and one woman. Mayor [Gavin] Newsom has absolutely no authority to refuse to enforce these laws," said Rena Lindevaldsen, senior litigation counsel of the Liberty Counsel, which is representing CCF in its lawsuit.

"The mayor...has appointed himself judge and lawmaker by refusing to enforce the laws he swore to uphold," Lindevaldsen said.

"The law is clear, the legal process is clear, and the peoples' vote is clear that marriage is only for a man and a woman, and violation of the law cannot be tolerated," said Randy Thomasson, executive director of the Campaign for California Families.

"Although the judge didn't seem concerned about upholding California laws, and instead engaged in delays, we are confident that the vote of the people to protect marriage for a man and a woman will eventually be upheld in a court where state law is respected."

CCF quoted from California Penal Code, Section 359, which states, "Every person authorized to solemnize marriage, who willfully and knowingly solemnizes any.marriage forbidden by law, is punishable by fine of not less than one hundred nor more than one thousand dollars, or by imprisonment in the County Jail not less than three months nor more than one year, or by both."

"If our democracy and republic are to survive, the rule of law on marriage must be protected," Thomasson said.

"All people have worth in God's eyes, but marriage is only for a man and a woman -- a husband and a wife. Marriage is the foundation of family, and the state law backs that up," said Thomasson.

"If Mayor Newsom can violate state law on marriage, he can violate state law on anything, making himself king and judge of California."

[kellynla]

CALIFORNIA PENAL CODE: 359. Every person authorized to solemnize marriage, who willfully and knowingly solemnizes any incestuous or other marriage forbidden
by law, is punishable by fine of not less than one hundred nor more than one thousand dollars, or by imprisonment in the County Jail not less than three months nor more than one year, or by both.




360. Every person authorized to solemnize any marriage, who
solemnizes a marriage without first being presented with the marriage
license, as required by Section 421 of the Family Code; or who
solemnizes a marriage pursuant to Part 4 (commencing with Section
500) of Division 3 of the Family Code without the authorization
required by that part; or who willfully makes a false return of any
marriage or pretended marriage to the recorder or clerk and every
person who willfully makes a false record of any marriage return, is
guilty of a misdemeanor.

[kellynla]

CA PENAL CODE 115. (a) Every person who knowingly procures or offers any false or
forged instrument to be filed, registered, or recorded in any public
office within this state, which instrument, if genuine, might be
filed, registered, or recorded under any law of this state or of the
United States, is guilty of a felony.

[little jeremiah]

Homosexual Agenda Ping.

If anyone wants on/off this list, ping me.

It has been very busy of late, I don't get to everything, but you all would be (probably already are) overwhelmed. The conservatives are not causing this, the "gay" agenda folks are.