The effort of the city of San Francisco to hand out marriage licenses to fifty same sex couples reveals a different, unrelated problem of American law and rights. Cities do not have this type of authority, nor do they have any real authority that is not granted to them in law by either the federal government or the state governments. According to SCOTUS (quote in Gerald Frug):

The state ... at its pleasure may modify or withdraw all city powers, may take without compensation city property ... repeal the charter and destroy the corporation. All this may be done, conditionally or unconditionally, with ot without the consent of the citizens, or even against their protest.

Cities have few competencies that are completely their own--even utilities tend to be either semi-private or intergovernmental corporations. Even as the US Constitution grants broad and vague powers to the states (all those not reserved for the federal government), it never mentions urban corporations and constitutions or the rights granted to sub-state territorial actors. American federalism is a limited concept that has little application beyond the relationship between the federal government and the states. Furthermore, American political culture is wary of granting autonomy to communal corporations like cities.

The actions of the San Francisco municipal government are admirable. However, their actions will be too easily appealed without referencing the problem of unequal rights. The hotel de ville or the Rathaus, both institutions which have stood as alternative sources of values and authority in Europe, might have the legitimacy to take on the problem of equal rights on their own. But the problem will not be solved by the American city hall.