NEWS San Francisco to marry same-sex couples February 13, 2004 SAN FRANCISCO — San Francisco city officials have issued marriage licenses to nearly 100 same-sex couples and could unite scores more while opponents are in court Friday seeking to block the nationally unprecedented nuptials. While the practical value of the marriage licenses remains unclear, their symbolism was evident - especially on a day when lawmakers in Massachusetts debated a constitutional amendment that would strip gays and lesbians of court-ordered marriage rights in that state. As mandated, they adjourned shortly after midnight Friday - but without reaching a consensus. The issue of gay marriage is one of the most divisive in the United States. In Massachusetts, the state Supreme Judicial Court in November ruled it unconstitutional to ban gay marriage, and the state is set to become the first where state-sanctioned same-sex marriages can take place in mid-May. Federal lawsuits would likely ensue as married gay couples seek recognition in other states and by the federal government. While state marriages are normally respected in other jurisdictions, 38 states and the federal government have approved laws or amendments barring the recognition of gay marriage. Only Vermont recognizes same-sex civil unions - a legal designation that confers all the rights and benefits of marriage for gays and lesbians. The Massachusetts Legislature, to undo the high court ruling by rewriting the state constitution, must pass an amendment with at least 101 votes in two consecutive legislative sessions - this year and in 2005-06 - before it winds up on the ballot before voters in November 2006. The constitutional convention will resume March 11 when lawmakers will again grapple with the issue. "It has been a struggle for the members, as it is for every citizen," said House Speaker Thomas Finneran, a Democrat and an ardent opponent of gay marriage. "No one should expect that decisions of this magnitude would be made casually or quickly. Our efforts will continue." Gay and lesbian advocates see the lawmakers' failure to pass an amendment approving civil unions as at least a temporary victory. They condemned the idea of civil unions, arguing it would revert gay people to second-class citizenship after a hard-won court victory. "We've beaten back three amendments to discriminate," said Sen. Jarrett Barrios, an openly gay Democrat. "We'll see what comes next." In San Francisco, the newly elected mayor, Gavin Newsom, directed the county clerk to accept applications from gay and lesbian partners for the first time Thursday - an act of political and legal defiance aimed at challenging California's ban on same-sex marriages. So many couples took the city up on its surprise offer that, by late afternoon, overwhelmed officials told new applicants to return Friday. In all, the clerk's office issued 95 marriage licenses to same-sex partners Thursday, and 87 couples took their vows on the spot. "Even people who are anti-gay marriage might shift their thinking now and realize it's most harmful to take something away when someone already has it," said Virginia Garcia, 40, after wedding Sheila Sernovitz, 50, her partner of 14 years. The city's bold move, however, caused an outcry from elected officials and groups opposed to marriage rights for same-sex couples. One group, Campaign for California Families, said it would ask a Superior Court judge Friday for a temporary restraining order that would enjoin the city from granting any more licenses. The organization is also seeking a ruling from the court declaring the city's actions illegal. "Those who received the marriage licenses need to know that they are worthless," said Mathew Staver, whose Florida-based law firm, Liberty Counsel, is representing the plaintiffs. "We are confident that they will be invalidated as soon as a judge is able to issue an order." San Francisco officials tried to keep the first marriage - between longtime lesbian activists Phyllis Lyon, 79, and Del Martin, 83 -confidential so they could complete it before any court intervention. The pair, who will celebrate 51 years together on Valentine's Day, were wed by San Francisco Assessor Mabel Teng in a closed-door ceremony. The secrecy that surrounded the Lyon-Martin wedding ended up being unnecessary since California courts were closed in observance of Lincoln's Birthday. It also meant that many couples started their days with no idea they would wed by evening. As word spread, they rushed to City Hall, most dressed casually in jeans with hastily assembled witnesses, and holding hands as they waited in a long line to pay their $82 license fee. The marble passages beneath City Hall's ornate golden dome echoed with applause as jubilant couples breezed through brief ceremonies, promising to be "spouses for life" instead of husband and wife. "There is a part that doesn't feel romantic at all, but obviously it feels historic," said Guillermo Guerra, 29, who married Andrew Parsons, 39, his partner of eight years. San Francisco officials acknowledged they might have a long court fight ahead of them, but insisted that the licenses were legally binding, saying they would immediately confer new benefits in areas ranging from health coverage to funeral arrangements. At the same time, the freshly revised marriage applications they issued encouraged "same-gender couples" to "seek legal advice regarding the effect of entering into marriage." Gov. Arnold Schwarzenegger shied away from commenting on the events. – Sapa-AP Related stories Massachusetts awaits vote on gay marriage [12/02/2004] US national lobby weeks for same-sex marriage [30/09/2003]