Tag: California

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California Supreme Court denies San Diego clerk’s request to halt same-sex marriages

On Tuesday the California Supreme Court denied a request filed by San Diego County Clerk Ernest J. Dronenburg to halt gay marriages in California until the Court can review whether Proposition 8 is still law in all but two counties, the AP reports.

The court will not consider that issue until August. In the meantime same-sex marriages are able to continue state-wide without interruption.

Although Dronenburg claims to be only seeking clarification from the court, he has chosen as his representative, “Rancho Santa Fe lawyer Charles LiMandri, who donated $10,000 and loaned another $27,000 to the campaigns to qualify and pass Proposition 8, according to state campaign finance records,” calling into question his true motives for filing in the first place.

Read more at Towleroad.

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California Supreme Court says ‘no’ AGAIN to stopping same-sex marriage

You might think there’s going to be some “tone” the next time someone challenges marriage equality at the state supreme court level in California. The state justices seem to have had enough of the dumb questions.

For the second time this month, the CA Supreme Court said “no” to stopping marriage licenses from being issued to same-sex couples.

From SCOTUSblog:

For the second time in the past eight days, the California Supreme Court on Tuesday refused to order county clerks across the state to stop issuing marriage licenses to same-sex couples. In a brief order, without a noted dissent, the state court turned down a plea by the clerk of San Diego County to halt all such licensing until the legal status of the “Proposition 8″ ban is further clarified.

The state court is still considering two pleas to keep “Proposition 8″ intact throughout most if not all of California, on the theory that it remains binding in the state despite a federal judge’s 2010 decision striking it down in the case of two same-sex couples. One of those challenges is by the sponsors of the ballot measure, the other by the San Diego County clerk. State officials and the clerks of 20 other California counties are resisting those requests.

Just to be clear, folks – the good guys won. Equality is the law.  Now sit down or go to your corner and sulk, but STOP MAKING ASSES OF YOURSELVES.

You lost.

Forward.

California Supreme Court denies attempt by anti-gay haters to stop marriage licenses from being issued
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California: Supreme Court says “no” to request to block same-sex marriages

In a one-line order, the Supreme Court, without comment, denied a request to immediately block county clerks from issuing marriage licenses to gay and lesbian couples. The court will now consider ProtectMarriage.com’s broader legal argument that Proposition 8 should remain in force in California, considered a longshot by most legal experts.

Proposition 8 backers last week asked the state Supreme Court to intervene, arguing the U.S. Supreme Court’s decision in June did not end the legal battle over California’s 2008 voter-approved gay marriage ban.

In June, the U.S. Supreme Court found the ballot measure’s sponsors did not have a legal right to defend the law in place of the governor and attorney general, both of whom consider it unconstitutional. As a result, the case reverted to a federal judge’s 2010 ruling striking down Proposition 8 because it violated the equal protection rights of same-sex couples.

(via Mercury News)

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San Francisco City Attorney Dennis Herrera responds to attempt to reinstate Prop 8

San Francisco City Attorney Dennis Herrera

City Attorney for San Francisco Dennis Herrera responds to Protect Marriage’s sad, last ditch effort to keep loving couples from marrying in the state of California:

“This motion is a desperate obstruction tactic used in the vain hope of pursuing an unconstitutional agenda.

“The opponents of the freedom to marry have chosen to ignore the Supremacy Clause of the Constitution, a U.S. Supreme Court ruling, and the well-settled California marriage case of Lockyer v. San Francisco, which they themselves celebrated at the time. Their motion has essentially no chance to succeed.

“The most basic concepts of American law tell us that a state court cannot and will not overrule the federal judiciary.

“The citizens of California are left wondering when these people will realize that, having lost the moral struggle years and years ago, they have now lost the legal struggle as well.

“Marriage equality is now the law in the State of California, and will remain so from this point onward.Together we will soon see the day when it is the law all across America.”

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California: Protect Marriage files petition for continued enforcement of Prop 8

The haters at Protect Marriage have filed a petition to continue enforcement of Prop 8 in California:

Moments ago, we filed a new petition in the California Supreme Court against all of California’s 58 county clerks, and state officials, seeking to restore the enforcement of Proposition 8, the state’s constitutional amendment limiting marriage to a man and a woman. The undeniable fact is, the man-woman definition of marriage, as passed by a majority the voters, is still a valid part of our state constitution.

Yet county clerks statewide are lawlessly defying that law by issuing gender-neutral marriage licenses. We are asking California’s Supreme Court to restore the rule of law and the public’s confidence in the integrity of the initiative process.

The action we filed today contends that at least 56 of the 58 county clerks must continue to follow Proposition 8 because they were not parties to the recent federal lawsuit against Prop 8, and that the state’s governor and attorney general have no legal authority to order local county clerks to disregard the state constitution.

Our petition also reminds the justices that our opponents, the attorneys for the plaintiffs who challenged Prop 8, have repeatedly admitted that the 56 county clerks not involved in their case “are not directly bound by the injunction” issued by a single San Francisco judge against Prop 8. In fact, “super-lawyer” David Boies told the courts that “the scope of the injunction is quite limited”, and at least the 56 county clerks would remain free to “refuse a marriage license to a same-sex couple…without violating the injunction.”

This will result in nothing. The kids at Protect Marriage are just out to cause further misery at this point.

You can read the whole petition from Protect Marriage by clicking here.

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Prop 8 plaintiffs get married in California

Proposition 8 plaintiffs Kris Perry and Sandy Stier were married in an ceremony officiated by Attorney General Kamala Harris on the mayor’s balcony at City Hall in San Francisco at approximately 4:45 yesterday afternoon.

And at 6:15pm, Paul Katami and Jeff Zarillo were married at L.A. City Hall in an emotional ceremony officiated by L.A. Mayor Antonio Villaraigosa.

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(all photos via AFER)

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California moves fast – same-sex marriage can begin immediately

The 9th Circuit Court of Appeals has dissolved a stay on Judge Walker’s injunction in California and gay and lesbian couples can begin marrying immediately.

From the AP:

The 9th U.S. Circuit Court of Appeals issued a brief order Friday saying it’s lifting the stay it imposed while a lawsuit challenging California’s gay marriage ban worked its way through the courts.

That means same-sex marriages can resume in the state for the first time since 2008.

Here’s the celebration statement from the Human Rights Campaign:

“After four and a half long and painful years, justice for committed gay and lesbian couples has finally been delivered. In California, a time of struggle and indignity are over, and love, justice and freedom begin anew. And now, no election, no judge – no one – can take this basic right away. At long last, marriage has finally returned to the most populous state in the nation.

“Kris Perry and Sandy Stier’s twin sons were just starting high school when their moms’ right to marry was taken away, now, as they prepare to start college, they will finally see their family recognized in the eyes of their state and their country. Paul Katami and Jeff Zarrillo, now free to marry, can finally plan the family they’ve always wanted. Thousands upon thousands of lives are about to change for the better, for good. And young LGBT people across the Golden State will can today look forward to a future where they are truly and fully equal.

“Today is a day of profound celebration, but tomorrow – and every day from here on out – we will fight until joy, dignity, and full equality in all its forms reach each and every corner of this vast country.”

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California Gov. Brown says same-sex marriage should begin ASAP

California Governor Jerry Brown issued this statement today on the Supreme Court ruling on Proposition 8:

“After years of struggle, the U.S. Supreme Court today has made same-sex marriage a reality in California. In light of the decision, I have directed the California Department of Public Health to advise the state’s counties that they must begin issuing marriage licenses to same-sex couples in California as soon as the Ninth Circuit confirms the stay is lifted.”

The Governor’s office adds:

The effect of today’s U.S. Supreme Court ruling is that the 2010 federal district court’s decision that Proposition 8 is unconstitutional is left intact and the law cannot be enforced.

In response, the Governor has directed the California Department of Public Health to advise county officials today that the district court’s injunction against Proposition 8 applies statewide and that all county clerks and county registrar/recorders must comply with it. However, same-sex Californians will not be able to marry until the Ninth Circuit Court of Appeals confirms the stay of the injunction, which has been in place throughout the appeals process, is lifted.

In preparation for this outcome, Governor Brown sought an opinion from California Attorney General Kamala D. Harris on whether the state, through the California Department of Public Health, can advise county clerks and registrar/recorders that they are bound by the federal district court’s ruling that Proposition 8 is unconstitutional.

The Attorney General concluded that the California Department of Public Health “can and should” instruct county officials that they “must resume issuing marriage licenses to and recording the marriages of same-sex” couples. The Department will issue another letter to county officials as soon as the Ninth Circuit Court of Appeals confirms the stay is lifted.

(via Towleroad)

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Quick history of Prop 8

In advance of a possible ruling coming this Monday from the Supreme Court on the fate of Prop 8, the American Foundation for Equal Rights has assembled a five minute “history” of this hideous law.

SCOTUS releases rulings on Mondays, and the 17th and the 24th are the last two Mondays left in this session.

Hopes are very high that all of the previous rulings from lower courts will be upheld and Prop 8 will be history soon, allowing marriage equality to resume in California.

On the small chance that SCOTUS does not strike the law down, activists plan to head back to the voters as recent polls show as much as 61% support for gay marriage in California now.

It’s happening, kids. No matter what. It’s happening.

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California: Marriage equality shows strong support 58% vs 36%

A new Los Angeles Times poll shows a 22% spread between supporters and opponents of marriage equality in California:

The poll found that 58% of the state’s registered voters believe same-sex marriage should be legal, compared with 36% against, a margin of 22 points. When the same pollsters asked that question three years ago, 52% favored gay marriage and 40% opposed it, a 12-point spread.

Most national polls this year have found majority support, but only one of those surveys reported it as high as 58%. The average was roughly 51% in favor of gay marriage. As in the rest of the country, more women (63%) than men (52%) in California favor same-sex marriage.

Younger California voters also support gay marriage by larger margins than older voters, the poll found. Whereas 76% of voters ages 18 to 29 support legalizing the unions, only 52% of those ages 50 to 64 agree.