Mayoralty of Gavin Newsom - Same-sex Marriage

Same-sex Marriage

Newsom decided to act on the issue of same sex marriage when he attended the 2004 State of the Union Address as a guest of Nancy Pelosi. In the address, President George W. Bush voiced support for a constitutional amendment banning same sex marriage. In the weeks following the address, Newsom asked his staff to gather background information and to explore how the city could start issuing marriage licenses to same sex couples without alerting the media. Before the first marriage was performed, Newsom's office informed Nancy Pelosi, Dianne Feinstein, California Secretary of State Kevin Shelley, California Attorney General Bill Lockyer, and Democratic National Committee chairman Terry McAuliffe. Gay Massachusetts Congressman Barney Frank told Newsom that it wasn't the right time.

On his 36th day in office, Newsom issued a directive to the San Francisco city-county clerk to issue marriage licenses to same-sex couples, claiming that the California Constitution's equal-protection clause gave him authority to do so. Approximately 4,000 same-sex couples were issued licenses in San Francisco from February 12 until March 11, 2004 (when the weddings were halted by the California Supreme Court), bringing international attention to the Mayor and the City. On August 12, 2004, the California Supreme Court voided those licenses, declaring Newsom had overstepped his authority. Following this decision, San Francisco and nearly two dozen gay couples sued the state of California on the issue of same sex marriage. In 2005, Superior Court Judge Richard Kramer agreed with the city, but the decision was overturned by the state appeals court. The case was heard by the California Supreme Court, which ruled in favor of the plaintiffs.

Many prominent Democrats, such as Dianne Feinstein, criticized Newsom for issuing the directive for same sex marriage licenses, claiming it had contributed to John Kerry's defeat in the 2004 presidential election. Former San Francisco mayor Willie Brown has stated that Barack Obama declined to have his picture taken with Newsom at a fundraiser in 2004. Obama's deputy campaign director, Steve Hildebrand, has denied this, calling it "a ridiculous story." The 2004 same sex marriages increased Newsom's popularity in San Francisco to the level where he faced no serious opposition to his reelection in 2007.

The Award Winning Documentary Film Pursuit of Equality, which was directed by the Mayor's brother-in-law, Geoff Callan, chronicles these events.