Alliance Defense Fund Calls for Peremptory Writ Against SF

"The pastors of America need to wake up and need to teach the church"
( [email protected] ) Feb 25, 2004 03:55 PM EST

SAN FRANCISCO - Less than a week after two state judges declined to immediately stop the San Francisco city officials from legally sanctioning homosexual marriage, the pro-family Alliance Defense Fund asked to nullify the thousands of weddings already performed and to bring an end to the issuance of same-sex marriage licenses, Wednesday, Feb. 25.

The rare petition, filed by the ADF, called for an immediate stay and peremptory writ of mandate against the San Francisco County Clerk Nancy Alfaro who had been issuing the licenses since Feb. 12. The peremptory writ asks that the State supreme court directly step in to halt the licensing, rather than waith for a series of municipal courts.

"We filed a petition in the State Supreme Court requesting an immediate stay, which is very rare, and for the high courts to take jurisdiction rather than leave it up to the lower courts," said ADF attorney Robert Tyler.

“We’re seeking an order to direct the clerk to comply with the state constitution and California law as it stands and to stop issuing illegal marriage licenses. These licenses do not comply with state law and are not valid or legal," Tyler continued.

The ADF filed suit on Tuesday against the Mayor, but was refused an immediant injunction to halt the marriages. Although the ADF was allowed a "cease and desist" order to the city, San Francisco continued to issue the licenses to hundreds of same-sex couples. In the new petition, entitled, "Lewis v. Alfaro," the ADF will represent three new clients who "object to blatant lawbreaking at this high level of city and county government."

In addition to filing for the case, ADF began a petition to support the possible "Lewis v. Alfaro" hearing at:

Tyler asked for the support of Christians and pastors nationwide on the critical case and issue. "The pastors of American need to wake up and need to teach the church. I dont think the pastors of America are accepting the reality of where this nation is headed," said Tyler. "I wish the Christians can wake up to realize where this nation is headed."

The Alliance Defense Fund is a national legal organization defending people of faith; ADF provides strategy, training, and funding in the legal battle for religious liberty, sanctity of life, and traditional family values.