By Ryan L. Taylor, USCM Intern
March 15, 2004

President Bush has announced his support and endorsement of a constitutional ban on same'sex marriage. The current national issue has involved numerous cities and counties in recognizing and performing gay marriages in various parts of the U.S.

Many states recognize some types of civil unions, a loosely defined concept, which offers some of the benefits of marriage. A roundup of recent news on the subject:

San Francisco

San Francisco Mayor Gavin Newsom generated a national movement by issuing marriage licenses to same'sex couples, and authorizing same sex weddings on February 12. Now other local governments have issued thousands of marriage licenses to gay couples, some of them in defiance of state laws. Governor Arnold Schwarzenegger has said the marriages are illegal and has asked the state's attorney general to put a stop to them. On March 5, lawyers for San Francisco answered to nullify the same'sex marriages by showing the state Supreme Court that nothing in California's constitution requires local officials to obey laws they believe to be unconstitutional. (See separate box on recent actions last week as US MAYOR went to press March 12).

New Paltz

In New Paltz (NY) there are divisions of support from both the residents and city officials. Mayor Jason West performed 25 same'sex marriages on Friday February 27 without marriage licenses. Since then, hundreds of people from across the country have signed onto a waiting list to be married in New Paltz. West now faces 19 criminal counts and could face jail time, but he pleaded innocent.

Nyack

Nyack (NY) Mayor John Shields planned to start marrying same'sex couples as well, but when he and his partner along with 9 other couples applied for same'sex marriage licenses they were denied. Town Clerk Charlotte Madigan told them she was not authorized to issue the permits. Shields decided Wednesday against holding the wedding ceremony in Nyack after New York Attorney General Elliot Spitzer told him such a ceremony would be illegal.

Spitzer also said New York law contains references to "bride and groom" and "husband and wife" and does not authorize same'sex marriage. Court precedent does however, require recognition of such marriages performed elsewhere. As much as he would like to see the law changed, he said in a statement obtained by The Associated Press "he has to respect the law as it now stands."

Chicago

Mayor Richard Daley said he would have "no problem" with Cook County issuing marriage licenses to gay couples in Chicago, the nation's third largest city.

The county clerk's office is in charge of issuing marriage licenses and the County Clerk David Orr said he was "game to looking at options," but only if a consensus could be built between Daley, city and county government and advocacy groups. Orr did mention his desire to see everyone treated fairly regardless of their sexual orientation, but said "whatever you do when it comes to challenging laws, you want it to be effective and not knee-jerk."

Seattle

Mayor Greg Nickels is not able to follow the lead of Mayors Newsom and West by allowing same sex weddings because marriage licenses are issued by the county not the cities in Washington. Washington is one of 38 states that define marriage as the union between a man and a woman.

Seattle will, however, begin recognizing the marriages of gay employees who are married elsewhere, said Nickels. Same'sex spouses of city employees will be offered all the benefits of heterosexual spouses, including health insurance.

Portland

Gay couples were married in Portland (OR) after the county granted same'sex marriage licenses. County Chairwoman Diane Linn told Multnomah County to begin issuing the licenses March 3, with the support of three other county commissioners. A review of state law by the county attorney and an independent law firm concluded Oregon law allowed the unions and it would be unconstitutional to deny them.

Asbury Park

Asbury Park (NJ) also began issuing marriage licenses to same'sex couples but were warned on March 9 by New Jersey state Attorney General Peter C. Harvey that criminal prosecution would be applied if deputy city clerk Kiki Tomek continued to process any more same'sex marriage applications and Mayor James Bruno performed any more same'sex marriage ceremonies. Harvey is pleased that the city is complying with his request and said Wednesday, the state, "does not permit same'sex marriages at this time." There is nothing in the state constitution guaranteeing same'sex unions as a right.