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Last Updated: Wednesday, 18 February 2004, 19:24 GMT
San Francisco gays wed - for now
Gay couple in San Francisco
The scene is set for a long legal battle
San Francisco judges have declined calls to halt same-sex marriages, but opponents have vowed to continue their legal challenge to gay weddings.

Some 2,500 gay couples have wed since the city's mayor defied state law, granting marriage licences.

Opponents want the mayor's actions - and the resulting marriages - annulled.

Several US states are debating new laws after the Massachusetts Supreme Court ruled that gay marriage is a constitutional right in their state.

San Francisco Mayor Gavin Newsom hailed the twin rulings by the Superior Court - which hears serious civil and criminal claims - as a victory for the city.

But conservative groups are determined to take their case to higher courts.

'Long legal battle'

Mayor Newsom took the decision last Thursday to lift a state ban on same-sex unions on the grounds that the ban was a form of discrimination.

The weddings went ahead after San Francisco Superior Court Judge James Warren denied injunctions sought by conservative groups to block same-sex unions.

These are just the early stages of what's going to be a long legal battle
Erwin Chemerinsky
University of Southern California

The groups were told to refile their lawsuits on Tuesday, as the judge said they did not give a required 24-hour notice to the San Francisco attorney's office.

In the first case brought by the Campaign for California Families (CCF), Superior Court Judge Ronald Quidachay postponed a decision until Friday. He asked the group to inform the city or court of its lawsuit details before he would hear it.

In the second ruling, Judge Warren refused to grant the conservative Alliance Defense Fund (ADF) a temporary restraining order barring the city from carrying out further same-sex marriages.

But he agreed to order the city to stop issuing the licences or return to court on 29 March and explain why not.

Erwin Chemerinsky, a University of Southern California legal scholar, described Judge Warren's ruling as a short-term victory for the city.

But the final decision will ultimately rest with a higher court, Professor Chemerinsky said.

"This is an issue that is going to be decided by the California Supreme Court," AP news agency quoted him as saying.

"These are just the early stages of what's going to be a long legal battle."


BBC NEWS: VIDEO AND AUDIO
The BBC's Branwen Jeffries
"Those marrying this week are happy to defy the law"



SEE ALSO
Gay couples wed in San Francisco
13 Feb 04 |  Americas
US state court says gays can wed
04 Feb 04 |  Americas
Making much of marriage
22 Jan 04 |  Americas
Massachusetts backs gay marriage
18 Nov 03 |  Americas
America's marital rows
16 Oct 03 |  Americas

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