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Opponents Want Calif. Court to Stop Gay Weddings

by Paul Elias
Friday Jul 12, 2013

Opponents of same-sex marriage on Friday demanded that the California Supreme Court immediately halt same-sex marriages recently resumed in the nation's largest state after a 9-year legal battle.

ProtectMarriage, the group that sponsored Proposition 8 and its ban on same-sex marriages in 2008, launched a two-pronged legal attack to state officials' interpretation that the U.S. Supreme Court legalized same-sex marriage when it relied on a legal technicality to toss a lower court's ruling lifting the marriage ban in June.

The U.S. Supreme Court ruled that ProtectMarriage had no "standing" to pursue an appeal of the 9th U.S. Circuit Court of Appeals decision striking down Proposition 8 after California Gov. Jerry Brown and state Attorney General Kamala Harris declined to defend Proposition 8.

On Friday, ProtectMarriage argued in its petition to the state Supreme Court that Proposition 8 remains California law because the U.S. Supreme Court didn't rule directly on the constitutionality of same-sex marriages in what's widely called the "Perry" case.

"The Ninth Circuit's decision in Perry has been vacated," The petition stated, "hence there is no appellate decision holding that Proposition 8 is unconstitutional."

Therefore, the petition concluded, the Proposition 8 ban on same-sex marriages is still in force.

The petition to the state Supreme Court also argued that the original lawsuit filed in San Francisco named only the county clerks of Los Angeles and Alameda counties. They argued the ruling doesn't reach the 56 other county clerks, who must continue to abide by the marriage ban passed by Proposition 8.

The petition argues that county clerks are independent state officials and that the state registrar - under orders from Gov. Brown and the attorney general - had no authority to order them on June 26 to begin issuing same-sex marriage licenses.

"The Legislature has not imbued the State Registrar with supervisory authority or control over county clerks issuing marriage licenses," the petition stated.

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  • Pirmin, 2013-07-13 23:03:43

    @Anonymous: The group "Protect Marriage" actually is an Arizona organization that can’t help itself when it comes to meddling in California matters. Every single statewide political office in California is held by progressives, as well as both houses of the legislature, where Democrats hold a supermajority. If left up to California, this entire matter would be done and history. Arizona should mind its own business.

  • DanC, 2013-07-15 20:01:24

    I agree with anonymous2 and would like to add Prop 8 was supported in large part by the LDS Church (Mormans), a Utah organization. They really have clout because they totally control their members and church fathers can tell them how to vote and to contribute money to causes they deem necessary to support.

  • Wayne M., 2013-07-15 20:59:36

    If these marriage equality opponents were interested in the truth, they would name their organization "Restrict Marriage". The truth is that supporters of marriage equality are the true organization devoted to protecting marriage. However, we believe marriage should be protected both for same-sex and opposite-sex couples and that real protection of marriage means ensuring supports are strengthened to help people live their marriage vows successfully. Hopefully someone with power and influence will loudly and boldly tell the opponents of marriage equality to mind their own business.

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