In S.F., a Test Case for Gays

SAN FRANCISCO — Thrusting this city into the national debate over gay marriage, San Francisco's newly elected mayor directed the county clerk Tuesday to explore changing marriage license forms so they can be issued "without regard to gender or sexual orientation."

Mayor Gavin Newsom stopped short of ordering the clerk to issue marriage licenses to gay couples: He asked her to report on the needed changes. He also asked the city attorney's office to study the legality of the move. But Newsom left no doubt about his intentions, calling limitations on gay marriage unconstitutional.

"A little more than a month ago I took the oath of office

Backers and detractors of the measure agree that it is likely to prompt litigation if the city follows through. The move could contradict the California civil code of marriage as well as provisions in the family code.

San Francisco has long been a leader in pressing for gay rights, and Newsom's gesture will undoubtedly prove politically popular here. But it comes as the debate over same-sex marriage intensifies nationwide.

Today, hundreds of gay rights activists, conservative leaders and members of the media are expected to gather in the Massachusetts statehouse as legislators take up a state constitutional amendment to ban gay marriage. The historic session follows a 4-3 ruling in November by the Massachusetts Supreme Judicial Court that gays should be guaranteed the benefits of marriage. Legislators contended that civil unions such as those approved in Vermont would suffice. But last week, the Massachusetts high court issued an advisory opinion that only full-fledged gay marriage would pass constitutional muster.

Newsom's attempt to turn San Francisco into a test case on the issue came two days before a scheduled rally in the city by gay marriage advocates and three days before Assemblyman Mark Leno (D-San Francisco) plans to introduce legislation that would legalize gay marriage in California. Gay rights advocates applauded Newsom's directive, which appeared to position San Francisco as the first local government to move forward on the issue without a state mandate.

"This shows tremendous leadership and courage," said Thom Lynch, executive director of the San Francisco Lesbian Gay Bisexual and Transgender Community Center. "When many of our allies are calling for us to accept civil unions, the mayor has shown that he gets it that we are entitled to total equality and not some watered-down compromise."