As court mulls, gays wed

"It's a perfectly plausible and respectable legal argument," says Jesse Choper, a law professor at the University of California at Berkeley. "The question is whether it is a winning one."

Mr. Choper has his doubts. Six of seven high court justices were appointed by Republican governors, and tend to be more conservative than the justices in Massachusetts. Still, Choper points to the momentum of the Massachusetts ruling - along with US Supreme Court's recent decision to strike down an anti-sodomy law in Texas - as a sign that anything is possible.

"The decision about Texas last year gives [San Francisco] a leg to stand on - not two legs," he says. "But you never know."

Other legal scholars, however, insist that the state Supreme Court will reject San Francisco's claim emphatically. It's not because San Francisco's argument is unsound, but rather its methods. The state alone has legal authority to recognize marriages, not cities. Therefore, the current case could come down to an issue of authority, not equality.

"This is simply an issue of state versus local authority, and the state wins," predicts Gerald Uelman, a law professor at Santa Clara University.

Then there's the broader question of which side benefits in public opinion from San Francisco's move. Actions like Mayor Newsom's possibly could galvanize opposition to gay marriage nationwide.

"If our democracy and republic are to survive, the rule of law on marriage must be protected," said Randy Thomasson of Campaign for California Families, one of the groups suing San Francisco, in a press release. "All people have worth in God's eyes, but marriage is only for a man and a woman."

Among some in the gay-rights community, there are concerns about moving too fast. But to others, the new sense of urgency both in San Francisco and nationwide represent an opportunity for change.And the fact that a heterosexual mayor staked his political future on a gay cause is a watershed event - even in liberal San Francisco.

Indeed, the scenes that have unfolded in and around the great gray box of City Hall have been nothing short of giddy. State Rep. Mark Leno, backer of a new same-sex marriage bill, showed up one night with grilled snacks.

Inside, more than 2,600 couples have wed. Vicki Zettler came on the first day. Her partner instant-messaged Ms. Zettler at work when she heard the news: Do you want to get married? By the afternoon, they were waiting in the foyer of the city clerk's office, keeping tabs on their license, the parking meter outside, and their place in history. says Zettler: "I didn't think this would happen in my lifetime."

Page: 1 | 2