Calif. Supreme Court asked to delay same-sex marriage decision

San Francisco, Calif., May 24, 2008 / 20:16 pm

Opponents of same sex marriage have asked the California Supreme Court to delay its decision to allow homosexual marriages until after the November election, when California voters will likely decide a proposed constitutional amendment to reinstate and preserve the previous definition of marriage.

The San Francisco Chronicle reports that organizations including the Proposition 22 Legal Defense Fund and the Alliance Defense Fund filed a request seeking the delay on Thursday afternoon.

"Permitting this decision to take effect immediately - in the light of the realistic possibility that the people of California might amend their constitution to reaffirm marriage as the union of one man and one woman - risks legal havoc and uncertainty of immeasurable magnitude," the filing states.

The request added that after the election, “the people of California will have definitively expressed their will on the issue of marriage, and that oft-debated issue will be settled once and for all in this State—settled by the proper voice in a constitutional democratic government, i.e., that of the people.”

While the proposed homosexual marriage ban has not officially been placed on the November ballot, supporters have obtained the necessary number of signatures and are waiting for the Secretary of State to verify them.

"It is to no one's benefit to redefine marriage for four or five months," said Andrew Pugno, legal counsel for the Proposition 22 Legal Defense Fund.

A spokesman for San Francisco City Attorney Dennis Herrera said the city would fight any delay in issuing marriage certificates to homosexual couples.  Many county clerks believe same-sex marriages could begin as early as June 16.