Same-sex marriages viewed as attack on traditional morals for Christians

SAN FRANCISCO, Calif. — For San Francisco Mayor Gavin Newsom, it’s about breaking down barriers. For conservative Christians, it’s a declaration of war.

After Newsom authorized marriage licenses to be issued Feb. 12 without attention to gender, thousands of gays and lesbians responded to the sudden opportunity to solemnize their relationships. The day San Francisco began granting licenses to homosexual couples, the mayor explained his actions as an attempt to end discrimination.

“America has struggled since its inception to eradicate discrimination in all forms,” the mayor said in a statement. “Today a barrier to true justice has been removed.”

But conservative leaders saw the mayor’s actions as flouting the law rather than furthering justice. Seeking an immediate end to the same-sex licenses, the conservative Campaign for California Families filed suit for a temporary restraining order the day following the start of the city’s actions. Another group, the Proposition 22 Legal Defense and Education Fund, filed a similar suit the same day as CCF.

Florida-based Liberty Counsel represented CCF in the suit of Randy Thomasson and Campaign for California Families vs. Mayor Gavin Newsom and County Clerk Nancy Alfaro. The Proposition 22 group was represented by the Arizona-based Alliance Defense Fund. Thomasson, a party in the suit against San Francisco, is CCF’s executive director.

The initial suits spawned a series of court actions. San Francisco Superior Court Judge Ronald Quidachay denied CCF’s request for a temporary restraining order and postponed the hearing. In the meantime, the city of San Francisco filed suit against the state of California, arguing that restrictions against marriage by two people of the same sex go against prohibitions of discrimination in the California Constitution.

Although the court refused to definitively halt the San Francisco gay marriage licenses, Quidachay ordered the city to either stop its actions or show in court in March why it was not bound to do so. Both of the original lawsuits against the city became consolidated into a single case to be heard by Quidachay no earlier than mid-March, according to CCF’s Thomasson.

Schwarzenegger responds
As the rush of homosexual couples to San Francisco drew national media attention, Gov. Arnold Schwarzenegger issued statements supporting the legal definition of marriage in California as a union between people of the opposite sex.

In a statement released Feb. 17, some five days after the issuance of licenses to gay and lesbian couples began, Schwarzenegger said he stood behind California laws that provided domestic partnerships. But he emphasized that Californians had made their will clearly known about the institution of marriage itself.

“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 governor said.

Two days later, Schwarzenegger added, “The marriage certificates submitted to the Department of Health Services by the City and County of San Francisco fail to meet legal standards. The attorney general has assured me that he will vigorously defend the constitutionality of the law in the case brought against the state by San Francisco.”

Alliance Defense Fund took the legal battle to the California Supreme Court Feb. 25 as attorneys requested a halt to the events in San Francisco.

“We’re seeking an order to direct the clerk (Alfaro) to comply with the state constitution and California law as it stands and to stop issuing illegal marriage licenses, Robert Tyler, an ADF attorney, said in a news release. These licenses do not comply with state law and are not valid or legal.”

The court declined to intervene Feb. 27, but ordered that legal briefs be filed by March 5.

National battle
For both sides in the national debate about same-sex marriage, recent skirmishes about who can be united in matrimony are escalating into pitched battle.

Referring to President George W. Bush’s Feb. 24 call for a Federal Marriage Amendment to the Constitution of the United States, the National Gay and Lesbian Task Force said, “We consider today’s announcement a declaration of war on gay America.” The homosexual advocacy organization added, “We call upon Americans, our families and our friends to rally and defeat this attack.”

In similar language, CCF’s Thomasson said the struggle to retain the traditional concept of marriage is “the new civil war, “ adding, “America is in a civil war, and it’s time to choose sides.” Urging believers to let their voices be heard instead of shrinking back in dismay, Thomasson explained, “faith must be active, and it is no good to be silent or frustrated while watching this on the TV at home.”

“Wake up and become an American,” Thomasson said. “Be responsible for the ... government that God has given you.”

Similarly, Mathew Staver, president and general counsel of Liberty Counsel, the organization representing CCF against San Francisco, equates inaction with tacit approval in the volatile issue of same-sex marriage.

Speaking of Christians opposed to homosexuality, Staver said that if something is wrong biblically and believers “can’t come against it, then we are being complicit.” Staver added, “We have not begun to comprehend the love of Christ if we remain silent on this issue.”

Published by Keener Communications Group, March 2004

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