Immediately following the release of the Supreme Court ruling on Prop. 8, court watchers, advocates, and constitutional scholars were trying to sort out what, in a practical sense, the ruling meant fo the legality of gay marriage in California.
Wednesday mid morning, California Attorney General Kamala Harris issued a statement that pretty much answers the question.
Here’s a clip from her official statement.
Attorney General Kamala D. Harris today declared that the United States Supreme Court’s historic opinion in Hollingsworth v. Perry means that every county in the State of California must now recognize the right of same sex couples to legally marry and asked the Ninth Circuit Court of Appeals to lift its stay and allow same-sex marriages to take place.
“The Supreme Court’s historic ruling in Hollingsworth v. Perry means that same-sex couples have the fundamental right to be legally married in all of California’s 58 counties,” said Attorney General Harris. “The Court agreed with our argument that opponents of same-sex marriage lacked the legal standing required to bring the issue to the court. Same-sex marriages can legally resume in California as soon as the Ninth Circuit Court of Appeals lifts its stay on the District Court Ruling. I ask that the Ninth Circuit lift this stay immediately, because gay and lesbian couples in California have waited long enough for their full civil rights.”
In an earlier letter to Governor Jerry Brown, Harris advised that, should the challenge to Prop. 8 be found to have no standing (as was the case), the State Department of Public Health should instruct county clerks and recorders in all 58 counties to resume issuing marriage licenses to and recording the marriages of same-sex couples.
Bottom line, same-sex marriages will resume as soon as the Ninth Circuit Court of Appeals lifts its stay on the District Court ruling.
It appears that no other action is required.
Let the wedding bells ring!
Photo by LABaseballFan courtesy of Wikimedia Commons
Its pretty said when the AG won’t even defend the voters rights. I guess I don’t need to vote anymore in California since the Supreme Court and the AG just overrides my vote and casts it away. The way this country is going, just tear up the Bible, Constitution and Bill of Rights. Lets call this the United States of Looney Land everyone is welcome and everything is free. So I think Impeachment proceedings should start immediately on the AG.
A nice mix of bleeding heart liberalism and Mexican Socialism.
Folks, it is ALL about California’s “Progressive” mentality. We are nothing different than the East Coast. One day, it will all implode and folks will be scratching their heads.
Regarding the 9th Circuit’s decision to act on AG Harris’ request to lift the Stay…just wondering about this one little detail. SCOTUS decisions apparently go into affect 25 days after the decision is rendered. The 25 day period is supposedly to allow the losing side in a case to file one last petition explaining why they think a SCOTUS decision might be in error. From what I know of these petitions, they almost never ever go anywhere. And granted that in the Prop 8 case the defendants would have to explain – for the 4th time(!) – why they think they have standing. Seems like an impossible task. But isn’t the 9th Circuit potentially in an awkward position if Justice Kennedy (who has responsibility over the 9th) says, “Hey, wait a minute. You (9th Circuit) don’t have authority to lift the stay prior to July 21.” If that scenario were to happen, what might to the effect on any same-sex couples getting married before the 21st of July? Couldn’t the defendants who lost their case in front of the SCOTUS say they’ve been denied the full time to file their (albeit an extreme Hail Mary) last petition?
Well that didn’t take long. Here’s the answer:
http://talkingpointsmemo.com/news/justice-kennedy-denies-motion-to-halt-gay-marriage.php?ref=fpb
According to SCOTUS, those challenging the Federal judge’s ruling lacked the standing to do so. That vacated everything, including their appeal to the 9th Circuit. That means that the only ones who legally can marry in California, the governor and atty general’s interpretation notwithstanding, are the two couples who challenged Prop 8 to begin with. If just one county refuses to issue marriage licenses in the state to same sex couples asserting that Prop 8 is the law, then there will be someone with standing who can send this issue back to the courts. The question is, will any county have the courage to do this.