S.F. Judge Won't Halt Marriages

"Every day that goes by that more couples get married, the more people can see that the sky isn't falling and the harder it's going to be to stop the tremendous momentum that Mayor Newsom's courage has ignited," said Shannon Minter, an attorney for the National Center for Lesbian Rights, which along with the American Civil Liberties Union and Lambda Legal is representing the gay couples.

The hearing came just hours after another San Francisco Superior Court judge ordered a separate challenger to the city's same-sex marriages back to court Friday, ruling that the Campaign for California Families had not given the city adequate notice of its filing.

The organization had requested a stay similar to that of the Alliance Defense Fund.

USC law professor Erwin Chemerinsky said Tuesday's court rulings bode well for the city. "In one sense," the fact that two judges declined to issue an injunction Tuesday "is a victory for San Francisco," said Chemerinsky. The judges' refusal to immediately grant an injunction "shows that what San Francisco is doing is not patently invalid."

However, Chemerinsky said the victory may be short-lived.

"This ultimately will have to be decided by the California Supreme Court," which "ultimately may say all the marriage licenses" San Francisco granted to same-sex couples are invalid, he said. On the other hand, he said it is possible that the state's highest court might be "more reluctant" to nullify the licenses after so many had been granted.

Gov. Arnold Schwarzenegger issued a statement Tuesday condemning the marriages and calling on the courts to act swiftly.

"I support all of California's existing laws that provide domestic partnership benefits and protections," he said. "However, Californians spoke on the issue of same-sex marriage when they overwhelmingly approved California's law that defines marriage as being between a man and a woman. I support that law and encourage San Francisco officials to obey that law. The courts should act quickly to resolve this matter."

Though gay marriage is under debate in the Massachusetts Legislature -- and that state's high court has ruled that same-sex couples should not be denied the right to wed -- San Francisco is the only city in the country to have issued such licenses.

Intervening in the case on behalf of the city are Del Martin, 83, and Phyllis Lyon, 79, lesbians renowned in the gay rights movement, who became the first to wed Thursday. Martin sat quietly through most of Tuesday's hearing as 14 attorneys lined the counsel seats.