Across the Nation: Public Official Activism

On February 10, 2004, San Francisco Mayor Gavin Newsom issued a directive instructing the County Clerk to provide marriage licenses to same-sex couples. In the days that followed, 3,955 same-sex couples tied the knot in San Francisco. Six months later, after hearing oral arguments, the California Supreme Court struck down Mayor Newsom’s actions as contrary to a state statute prohibiting same-sex marriage. Current litigation challenges the constitutionality of that statute. Mayor Newsom’s action sparked similar activity throughout the country. Over the following months, mayors, county clerks, attorney generals, and city council members across the nation took actions ranging from performing marriages to filing lawsuits. Some officials faced criminal charges for their actions. In a further twist, County Commissioners of Benton County, Oregon banned the issuance of marriage licenses to both gay and straight couples until there is a final determination regarding who may marry in Oregon.

Phyllis Lyon (left) and Del Martin, lesbian activists who have been together for 51 years, embrace after their marriage ceremony on February 12, 2004, at San Francisco City Hall. © San Francisco Chronicle.