In February I remember all of the happiness when the Mayor decided to allow same sex marriages in San Francisco. I had friends who were married that day and even saw the line of happy couples lined up at City Hall. At the time Dan Gillmor voiced concern that Mayor Newsom had overstepped his the bounds of his executive power when he declared a state law prohibiting same sex marriages unconstitutional. Larry Lessig chimed in and wrote that at times the executive must push those bounds if they believe something to be genuinely unconstitutional. The last paragraph in Lessig's post has an important caveat.AP @ San Jose Mercury NewsCalif. Supreme Court voids gay marriages in San Francisco
SAN FRANCISCO - The California Supreme Court on Thursday voided the nearly 4,000 same-sex marriages sanctioned in San Francisco this year and ruled unanimously that the mayor overstepped his authority by issuing licenses to gay and lesbian couples.
...Thus, if California courts decide the marriage law is not unconstitutional, then Newsom should then obey that law as ultimately interpreted.