ABSTRACT

In February 2004, the newly elected mayor of San Francisco, Gavin Newsom, surprised the city and the nation by announcing that he would authorize municipal authorities to issue marriage licenses to same-sex couples. Newsom decided to take the action after hearing President Bush oppose same-sex marriage during the January 2004 State of the Union address. On the fi rst weekend, 2,000 couples lined up around the block at San Francisco City Hall to obtain a marriage license. Phyllis Lyon and Del Martin were the fi rst to be married. The couple, who had been together for more than fi fty years, led the fi ght for lesbian rights in the 1950s and 1960s, prior to the rise of the women’s liberation and gay liberation movements, and had founded the lesbian organization Daughters of Bilitis in 1955 (National Organization of Women 2004). Of his decision to sanction same-sex marriage at San Francisco City Hall, Newsom commented, “While some may believe that separate and unequal institutions are acceptable, we will oppose intolerance and discrimination every step of the way. San Francisco is a city of tolerance and mutual respect and we will accept nothing less than full civil rights for all our residents” (San Francisco 2004). On August 12, 2004, the California Supreme Court invalidated Lyon and Martin’s marriage, ruling that Newsom did not have the right to issue marriage licenses to same-sex couples. Of the Court’s decision, Lyon remarked, “Del is 83 years old and I am 79. After being together for more than 50 years, it is a terrible blow to have the rights and protections of marriage taken away from us. At our age, we do not have the luxury of time” (cited in American Civil Liberties Union 2004).