S.F., rest of state prepares for possible return of same-sex marriage 

click to enlarge Stuart Gaffney
  • The Associated Press
  • Stuart Gaffney, left, who with his husband, John Lewis, is arranging a rally in San Francisco.

Planning a party for thousands of people would be a challenge under the best of circumstances. Now imagine trying to pull off such a gathering without knowing what day it should happen or if there even will be cause for celebration.

Such are the circumstances for same-sex marriage supporters as they await a U.S. Supreme Court decision that will determine whether a voter-enacted ban on gay marriages lives or dies. The court's ruling in a lawsuit challenging the constitutionality of Proposition 8 is expected before the end of the month, bringing with it the possibility that same-sex couples again will be able to wed in the nation's most populous state.

The court's justices heard oral arguments in the 4-year-old case in March. This month, as their summer recess nears, the justices meet every Monday morning to issue opinions and may schedule additional days for rulings, including one already set for this Thursday. But the court does not give advance notice of which decisions it will release when.

"Not knowing what the day or the nature of the decision will be, everything feels like a placeholder," said Stuart Gaffney, who along with his husband, John Lewis, is arranging a public rally in San Francisco. "From couples who would love to exchange their vows ceremonially that day to entertainers and even people who have equipment and sound systems, we can't say with any certainty whether anyone can be there."

Court watchers and legal experts are anticipating one of six possible outcomes: One could make bans on gay marriage unconstitutional nationwide; another would legalize gay marriage only in California and six other states that already provide the legal rights of marriage through civil unions or domestic partnerships; three other scenarios would allow same-sex marriages to resume in California itself.

The justices also could uphold Prop. 8.

If gay marriage backers get the ruling they are hoping for, it is likely to take about a month before couples could start getting married in California, City Attorney Dennis Herrera says. The losing side has 25 days under court rules to petition for a rehearing, and the decision would not become final until that period elapses.

State officials might need a few days more to notify county clerks that same-sex couples seeking marriage licenses should no longer be turned away, Herrera said.

Among those eagerly awaiting word from the high court are Thom Watson, 50, and Jeff Tabaco, 36, a Daly City couple who are celebrating their 10th anniversary together this month. In 2009, they had a ceremony to acknowledge their devotion to each other, but they decided against marrying in another state while Prop. 8 was in effect.

Now, they're making tentative plans for a wedding.

"California is our home, so we want to be able to marry here. That was the reason after Prop. 8 passed we decided to have a commitment ceremony," Watson said. "It was sort of like, we are not going to let this dissuade us from making that public commitment to each other, but we are definitely looking for that next step."

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