An unprecedented challenge to state laws which bar same-sex marriages.

Paul Handley | February 17, 2004

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City mayor Gavin Newsom

SAN FRANCISCO — San Francisco stepped up the granting of marriage licenses to same-sex couples on Monday, in what supporters called a massive act of city-endorsed civil disobedience but which critics branded a violation of California law.

Hundreds of gay and lesbian couples lined up outside city hall, smiling and cheering each other, despite a steady downpour and blustery winds, as they waited to fill out marriage applications.

Inside, more than a dozen officials performed rapid-fire weddings shoulder-to-shoulder under the hall's golden dome, in what was being called the Great San Francisco Marry-In.

Covering themselves with umbrellas and plastic trash bags, the couples had waited outside city hall throughout the stormy night for a chance to marry before an expected court challenge on Tuesday halts the process.

City officials said they expected to give out 650 more licenses on Monday, after about 1,650 same-sex couples were married during the last four days.

"San Francisco is proud and honored to celebrate love and equality without discrimination," said assessor-recorder Mabel Teng, who oversees the marriage license process.

City mayor Gavin Newsom shocked much of the United States on Thursday when he announced that the city would issue marriage permits to gay couples.

The move was an unprecedented challenged to state laws which bar same-sex marriages.

It was also seen as a rebuff to President George W. Bush's recent statements against legalizing gay marriages.

After a San Francisco judge on Thursday refused a request by two conservative family groups to immediately halt further marriages, huge crowds of same-sex couples descended on city hall to pay the 85-dollar wedding license fee.

"We want to be part of history," said 23-year-old Alan Hopkins, who flew to San Francisco Sunday from San Diego with his partner of three years, Corey Keplen, in the hope of getting hitched.

"And we like long walks in the rain," Keplen quipped after waiting 15 hours in the soaking downpour to get their license.

For Nan Hayes of Petaluma, it was the culmination of a long journey. "It's been an 18-year engagement," she said of her partnership with Sue Conley.

"Thank God almighty, married at last," Hayes sang.

In a building that normally sees only about 30 marriages a day, more than 200 volunteers helped carry out the flurry of marriages on Monday, while additional sheriff's deputies were brought in to boost security. Loudspeakers piped in romantic songs, and a tuxedoed harp and flute duet serenaded the couples as they exchanged rings and kisses.

Monday was a national holiday, but Teng said city offices would stay open until 10 pm to process all the applications and perform wedding ceremonies. Many of the couples had come from outside the state to get married, she noted.

But the rush was also to beat the legal challenge to Newsom's decision. Groups opposed to same-sex marriage expected to have their case heard in San Francisco court on Tuesday.

If successful, the challenge could halt the process and possibly nullify all the marriages that had already taken place.

"The renegade mayor of San Francisco is openly violating California law that holds marriage is only for a man and a woman." said Richard Ackerman, a lawyer for Campaign for California Families, which filed the challenge.

Newsom, who was elected mayor last December, said he was confident the city's endorsement of gay marriage would eventually be upheld.

Teng said it was a long San Francisco tradition to challenge legal orthodoxy. "We are challenging contradictions in the state statutes," she told AFP.

"Anytime you break barriers you are going to inspire controversy," Teng said. "You would expect San Francisco to lead the way."

Most couples getting married shrugged off the court challenge as just another skirmish in a long fight to gain marriage rights.

"We're doing this because we think it will be upheld eventually," said Los Angeles lawyer Andy Birnbaum, who had traveled to San Francisco to marry partner Ron Elecciri. – Sapa-AFP

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