As hundreds of gay and lesbian couples lined up at City Hall for the historic chance to wed with the city's blessing, opponents filed legal papers Monday arguing that only judges can declare California's prohibition on same-sex marriages to be unconstitutional.
In a brief submitted for a court hearing Tuesday, lawyers for one of two groups seeking to block the unprecedented wedding march said Mayor Gavin Newsom was in blatant violation of state law when he directed the county clerk to issue marriage licenses to gay couples. . . .
[T]he city's lawyers said they will argue that local government agencies or officials are not barred from advancing their own interpretations of the state constitution. They also claim the plaintiffs have failed to demonstrate that continuing to issue licenses for same-sex couples would cause the irreparable harm necessary to obtain a court stay.
"Same-sex couples denied the right to marry face far greater harm than the petitioners here," stated a legal brief filed by the city Monday.
Details here from the AP.