from your catholic voice:
SAN FRANCISCO - The California Supreme Court announced its ruling earlier today in the matter of the homosexual marriages performed by San Francisco officials earlier this year. The judges held, by a 7-0 vote, that the city officials exceeded the scope of their authority in allowing these pseudo-marriages contrary to California law, which - because of the passage of Prop 22 in 2000 - protects marriage as only between a man and a woman.
On the secondary question of what to do with the 4,037 homosexual marriages, the justices ruled 5-2 that the marriages were illegal, null, and void. Justices Joyce Kennard and Kathryn Werdegar agreed with the majority that the officials exceeded the scope of their authority, but disagreed on the question of the dispensation of the pseudo-marriages. Writing for the majority, Chief Justice Ronald George said, ". we agree with petitioners that local officials in San Francisco exceeded their authority by taking official action in violation of applicable statutory provisions. We therefore shall issue a writ of mandate directing the officials to enforce those provisions unl ess and until they are judicially determined to be unconstitutional and to take all necessary remedial steps to undo the continuing effects of the officials' past unauthorized actions, including making appropriate corrections to all relevant official records and notifying all affected same-sex couples that the same-sex marriages authorized by the officials are void and of no legal effect." (emphasis added)
The issue of the constitutionality of homosexual marriages is still before the lower courts in California, highlighting the need for passage of a federal marriage amendment to protect marriage at the constitutional level nationwide.
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