CA Gov. Calls for Homosexual 'Marriage' Licenses to Stop; Pro-Family Group Optimistic

by Jody Brown
February 23, 2004

(AgapePress) - Conservative groups seeking to stop the issuance of homosexual "marriage" licenses in San Francisco are optimistic they will eventually see that happen -- even though two judges have given the City until the end of March to explain why it is lawful to grant those licenses in obvious defiance of state law.

There have been some positive developments in the California homosexual marriage controversy. Governor Arnold Schwarzenegger has ordered state Attorney General Bill Lockyer to take legal action to stop San Francisco from granting same-sex marriage licenses. The move came on Friday after a judge rejected a request from conservative groups for an immediate halt to the process.

On Saturday, Lockyer did not appear eager to follow the governor's bidding. The attorney general told the San Jose Mercury News that while e is prepared to defend the state against San Francisco's actions, he also has a problem with Schwarzenegger telling him what to do.

"I sort of resent it when Arnold plays Conan the Barbarian for the right wing and directs me to do something," Lockyer said. "He doesn't have the authority to do that."

The City of San Francisco has sued the state, saying a ban on same-sex unions violates the equal protection clause of the California constitution.

Meanwhile, the state attorney general in New Mexico has put a stop to one county's decision on Friday to start issuing homosexual "marriage" licenses. Several homosexual couples took advantage of the offer extended by Sandoval County Clerk Victoria Dunlap, but within hours the attorney general's office issued an advisory declaring the licenses invalid.

Room for Optimism
Since San Francisco Mayor Gavin Newsom ordered on February 12 that the County of San Francisco begin issuing marriage licenses to same-sex couples, more than 3,000 such permits have been issued. City Hall was closed on Sunday, but was expected to resume issuing homosexual marriage licenses on Monday despite protests from conservative groups.

Randy Thomasson

One of those groups seeking to bring a stop to the issuance of licenses for same-sex unions is the Campaign for California Families. It was that group's case in which Superior Court Judge Ronald Quidachay granted an order on Friday that San Francisco "cease and desist" or return to court in March to show why its actions are not illegal.

Randy Thomasson, executive director of CCF, says it is significant that Quidachay denied the City's request to stop the lawsuit. Still, he says, it is a "travesty" that marriage licenses continue to be issued for same-sex unions. "A clear reading of the law shows that these are sham marriages," he says.

While his group would have preferred that the judge stop the City from issuing the licenses, Thomasson remains optimistic. "We're looking forward to the end of the delays so the people can have their day in court for a full hearing on the merits of our lawsuit," Thomasson says. "I have no doubt that the court can read the laws on marriage -- even if the mayor acts like he can't."

CCF is being represented in its case by Liberty Counsel.

'Sadly Predictable'
Perhaps it was inevitable amidst the frenzy in San Francisco over homosexual unions. A United Methodist pastor there has announced she officiated over the "first gay couple ever married in the sanctuary of a United Methodist church" on February 15.

Dr. Karen Oliveto is pastor at Bethany United Methodist Church, located near the City's predominantly homosexual Castro District. Oliveto also reportedly presided over five "marriage" ceremonies in City Hall over a two-day period. Most of the couples were from Oliveto's church.

Mark Tooley of the Institute on Religion and Democracy chairs that group's committee on United Methodist actions. He says he is not surprised.

Mark Tooley

"It is sadly predictable that a United Methodist pastor of that region would eagerly follow the latest secular fad and preside over homosexual nuptials in San Francisco," Tooley says. The conservative critic points out that the Western Jurisdiction of the United Methodism -- which encompasses the West Coast and the Rocky Mountain region -- is the denomination's most friendly towards acceptance of homosexual behavior. It is also the fastest declining part of the denomination, containing only about four percent of the 10 million United Methodists worldwide.

Tooley says he is hopeful that Oliveto's bishop will discipline the pastor for violating church law. The San Francisco clergywoman claims she is not violating church law because the UMC Book of Discipline prohibits "same-sex unions" and not specifically legalized same-sex marriages.

"But Rev. Olivet's participation in the San Francisco frenzy will have little impact upon our denomination," Tooley says. The future of the denomination, he says, is aligned with "robustly orthodox international Christianity" -- and not with "the dying liberal Protestantism to which much of the leadership of West Coast United Methodism adheres."