Court ponders fate of gays wed in San Francisco

California's highest court asked yesterday what it should do about gay couples already married in San Francisco if it finds those weddings violated state law. San Francisco married more than 4 000 gay couples over a one month period from February to March, but the status of those marriages is now in legal limbo pending the state Supreme Court review late next month or in June.

In a statement, the court said it wanted further submissions from the parties litigating the case, who included General Bill Lockyer, California attorney, about what to do about those couples already married.
"If the court were to determine that respondents exceeded their authority in issuing marriage licenses, would the marriages that have been performed and registered nonetheless be valid?" the court asked in its request for supplemental briefs in the case.

"If the court were to determine that the same-sex marriages that already have been performed and registered are not valid, should the court order the city to refund fees collected from applicants?"
California's Supreme Court halted the liberal city's same-sex marriages in March after Mayor Gavin Newsom allowed 4 037 gay couples to wed.

Newsom argues he had the right to allow homosexual marriage because of equal protection guarantees in the US constitution. State officials say he violated California law, which defines marriage as between a man and a woman. - Reuters