Following Supreme Court ruling, SF official warns marriage for same-sex couples could be in jeopardy

ByTara Campbell KGO logo

Sunday, July 2, 2023

SF official warns marriage for same-sex couples could be in jeopardy

The Supreme Court's landmark ruling peeling back LGBTQ+ protections is fueling concerns on marriage for same-sex couples.

SAN FRANCISCO (KGO) -- The Supreme Court's landmark ruling Friday peeling back LGBTQ+ protections has San Francisco's top attorney and others sounding the alarm.

"We were very concerned that the Court could be going the wrong way, and it turns out they did with a decision that is incredibly disturbing," said San Francisco City Attorney David Chiu, referring to the Court's ruling in favor of Christian website designer in Colorado.

"This is an unprecedented decision as Justice Sotomayor stated in her dissent, really the first time the Supreme Court has permitted discrimination in the context of a business providing services to a member of the public on the basis of sexual orientation.

San Francisco joined cities across the nation in hopes of persuading the Supreme Court to uphold protections.

"We filed an amicus brief on behalf of local communities all over the country -- 53 cities, 19 mayors," Chiu said. "We have nondiscrimination laws on our books that say that businesses that are providing services and goods to the public should not be discriminating on any basis."

The High Court's ruling is now fueling concerns same-sex marriage could be next.

"Clarence Thomas already told us in his opinion that he wrote for Dobbs, the decision overturning Roe v. Wade. He told us that he is taking aim at marriage equality as well," said State Sen. Scott Wiener, noting that's why getting Prop 8 off the books is critical.

Although The Supreme Court overturned California's ban on same-sex marriage a decade ago. Prop 8 is still in the California Constitution.

"We're going to go to the ballot next year to remove Prop 8 from our Constitution, which banned marriage equality. And to enshrine marriage as a fundamental right for everyone in the California Constitution," said Wiener.

However, the city attorney points out, that move may not be enough.

"The fact that this decision is essentially saying that even if a state provides protections against bigotry, national religious interests will trump that. That's incredibly concerning," said Chiu. And when asked if he believes same-sex marriage could be in the Supreme Court's cross-hairs, he said, "Absolutely. Listen, no one ever expected that after almost 50 years, Roe v. Wade would be overturned."