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California Penal Code sec. 359 makes it a misdemeanor for marriage officials to knowingly marry people otherwise prohibited by law from marrying. Gavin Newsom is guilty of at least 3,300 of these misdemeanor counts. He ought to be arrested, booked, tried, convicted, impeached and driven from office in ignominy.

His legal rationale is without foundation. Even if the state constitution required that gays be allowed to marry (hogwash), the fact remains that California marriage officials have never been granted authority to marry anyone or anything other than a man to a woman. That's it. That's why the Massachussetts Supreme Judicial Court gave a 6-month prospective order to legislate the right... because it didn't exist before. The same thing applies here. There is no possible way for the San Francisco homosexual marriages to hold up in court. They are eventually doomed. Because of this, Gavin Newsom has knowingly aided and abetted thousands of misdemeanor crimes, and at least in one case performed the ceremony himself.

Newsom may also be in violation of Penal Code 360 (false marriage license) and Government Code sec. 1222, willful failure to perform official duty. And there are at least 3 Family Code sections indicating that only a man and a woman can marry. (Family Code 308.5, Family Code 300, and Family Code 420(a).)

Fighting criminal rebellion with attempts to win civil injunctions will not succeed and is only emboldening Newsom.

"California Penal Code sec. 359 makes it a misdemeanor for marriage officials to knowingly marry people otherwise prohibited by law from marrying. Gavin Newsom is guilty of at least 3,300 of these misdemeanor counts. He ought to be arrested, booked, tried, convicted, impeached and driven from office in ignominy.

"His legal rationale is without foundation. Even if the state constitution required that gays be allowed to marry (hogwash), the fact remains that California marriage officials have never been granted authority to marry anyone or anything other than a man to a woman. That's it. That's why the Massachussetts Supreme Judicial Court gave a 6-month prospective order to legislate the right... because it didn't exist before. The same thing applies here. There is no possible way for the San Francisco homosexual marriages to hold up in court. They are eventually doomed. Because of this, Gavin Newsom has knowingly aided and abetted thousands of misdemeanor crimes, and at least in one case performed the ceremony himself.

"Newsom may also be in violation of Penal Code 360 (false marriage license) and Government Code sec. 1222, willful failure to perform official duty. And there are at least 3 Family Code sections indicating that only a man and a woman can marry. (Family Code 308.5, Family Code 300, and Family Code 420(a).)

"Fighting criminal rebellion with attempts to win civil injunctions will not succeed and is only emboldening Newsom."
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I feel very strongly that every word of your post needs to be repeated (and repeated and repeated!).

The article that heads this thread, as many if not all articles coming out of CA on this issue, attempts to distort the issue and the facts of the case, defame the rule of law and skewar the thought process of the readers. The rhetoric from the press is astonishing but predictable. It must be countered.

If the Governor bends over on this one Cali is done and so is the rest of the US.

Either Law is King or rebels within our system of government are given a pass to become tyrants...in which case revolution will break out.

Either this open rebellion by the SF mayor and the AG is handled by elected officials charged with enforcing the law (I am NOT referring to the courts but to the Governor as chief law enforcement officer of the state), or it is anarchy instigated by sleeper cells in our own system, to be answered by revolution in the streets.

Thank you for the excellent post. Aside from the compressed but very fine analysis, I think you're also right on this:

Fighting criminal rebellion with attempts to win civil injunctions will not succeed and is only emboldening Newsom.

The Governor shouldn't have let it get this far, although I suppose he had to exhaust the court possibilities first. Since the court in one case has simply refused to act, and his own AG (unlike the New Mexico AG) has flat out refused to do what he was asked to do, I'd say they're exhausted.

But I hope he acts quickly now, because every day that this goes on is making us more like Haiti or some other banana republic and less like a state founded on the rule of law. And at some point, as in any banana republic, there will be violence.