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February 12

San Francisco Begins Issuing Marriage Licenses to Same-Sex Couples (2004)


On February 12, 2004, the city of San Francisco, California began issuing marriage licenses to same-sex couples for the first time. The licenses were issued under a directive from San Francisco mayor Gavin Newsom.

Newsom was inspired to act in favor of gay rights after attending George W. Bush’s 2004 State of the Union address, in which Bush spoke in support of a constitutional amendment banning same-sex marriage. Upon his return to San Francisco, Newsom began researching ways to bring marriage equality to same-sex couples.

Gavin Newsom was elected mayor of San Francisco in 2003 and was only in office for 36 days when, on February 12, 2004, he issued a directive to the San Francisco city-county clerk to issue marriage licenses to same-sex couples. He claimed that the California Constitution's equal-protection clause gave him authority to do so.

Approximately 4,000 same-sex couples were issued marriage licenses between February 12 and March 11. On March 11, 2004, the weddings were halted by the California Supreme Court. The court believed that the marriage licenses conflicted with state law. As a result, all 4,000 marriages were annulled later that year.

Eventually, the California Supreme Court found that same-sex couples could be legally married in California and became the second state after Massachusetts to legalize gay marriage. In the 2008 elections, that decision was overthrown by the passing of Proposition 8.

Newsom gained such popularity in gay-friendly San Francisco, that he was easily re-elected in 2007, and has been an outspoken advocate for gay rights ever since.

Even though gay marriage is not yet legal in California, Newsom’s actions brought national attention to the issue of gay marriage and were the catalyst for new legislation in several other states.