Monday
July
28
2014
5:34 pm
Weather

  Home
  Local News
  State / National / World
  Sports
  Opinion / Letters
  Business
  Arts / Entertainment
  Lifestyle
  Obituaries
  Calendar
  Submit Event
  Comics / Games
  Classifieds
  DJ Designers
  Archives
  Advertise With Us
  About Us
 
 
 
 

Check out our archive of Dining Guides - Yum!

San Diego County clerk seeks end to gay marriages
July 20, 2013, 05:00 AM By Paul Elias The Associated

SAN FRANCISCO — The San Diego County government official in charge of issuing marriage licenses asked the state Supreme Court on Friday to stop gay marriages.

County clerk Ernest Dronenburg Jr. urged the state high court to immediately halt same-sex weddings while it considers his legal arguments that gay marriages remain illegal in California despite a U.S. Supreme Court’s decision widely regarded as authorizing gay weddings.

Dronenburg asked for the halt while the state Supreme Court considers his petition, arguing that the U.S. Supreme Court decision applies only to the two couples named in the original federal lawsuit, and to the clerks in Alameda and Los Angeles counties where the couples applied for marriage licenses.

Dronenburg also argues that county clerks aren’t bound by orders from the governor, the state attorney general and other state officials to marry gay couples.

“County clerks carry out their duties, including the issuances of marriage licenses, without supervision or control of the governor or attorney general,” Dronenburg wrote in his petition. “Indeed, no statute requires county clerks to report to the governor or attorney general.”

The state Supreme Court on Monday refused a similar request to immediately stop gay weddings made by backers of California’s Proposition 8, which banned same-sex marriage in the state when passed by voters in 2008.

The supporters have made the same legal arguments as Dronenburg.

“The filing offers no new arguments that could deny same-sex couples their constitutionally protected civil rights,” state Attorney General Kamala Harris said. “The federal injunction is still in effect, and it requires all 58 counties to perform same-sex marriages. No exceptions.”

Harris filed written arguments with the state Supreme Court last week urging it to ignore the petitions and take no action to impede same-sex marriages.

The U.S. Supreme Court cleared the way for gay marriages to resume in the nation’s most populous state on June 28 by dismissing the backers’ appeal of a lower court ruling that found the ban unconstitutional. The high court decided the backers lacked authority to defend Proposition 8 after the governor and attorney general refused to do so.

As a result, U.S. District Judge Vaughn Walker’s 2010 ruling finding Proposition 8 unconstitutional became the definitive ruling. Walker found the same-sex marriage ban violated constitutional equal protection guarantees.

The California Supreme Court still plans to separately consider whether the lower court ruling that invalidated the ban and a companion mandate prohibiting the state from enforcing it applied statewide or only in Los Angeles and Alameda counties.

Lawyers for Proposition 8 sponsors also have argued that because the U.S. Supreme Court did not rule directly on Proposition 8’s constitutionality, state officials are bound by state law to abide by the measure.

The state high court has asked for additional written arguments on those issues by Aug. 1.

 

 

Tags: state, court, supreme, marriages, arguments, general,


Other stories from today:

 

 
Print this Page Print this Page  |  Bookmark and Share
<< Back
 
Return To Archives
 
  


 
 
 
Daily Journal Quick Poll
 
What do you think of President Obama's foreign policy?

Agree with it
Like the concept, but it's not working
Disagree with it
Think he needs an adjustment
Not clear what it is

 

 
 
 
 
 
 
Virgin America files plans for IPO
The California-based airline filed on Monday for an initial public offering of shares. Virgin Amer..
San Bruno alleges misconduct, seeks removal of CPUC president
San Bruno officials called on Gov. Jerry Brown today to remove California Public Utilities Commissi..
Israel denies striking Gaza hospital, park
JERUSALEM — The Israeli military has denied its forces were responsible for an attack on a hospita..
UN chief reinforces call for Gaza cease-fire
UNITED NATIONS — Secretary-General Ban Ki-moon reinforced the Security Council's call for "an imme..
Police team turns back from Ukraine crash site
SHAKHTARSK, Ukraine — Heavy fighting raged Monday around the Malaysia Airlines debris field, once ..
More >>  
 
 
  
 
  
 
©2014 San Mateo Daily Journal
San Mateo County notice to administer estate