California clerk asks state high court to halt same-sex marriages

[JURIST] The San Diego County Clerk [official website] filed a petition [text, PDF] with the Supreme Court of California [official website] on Friday seeking to require county clerks to enforce Proposition 8 [text, PDF; JURIST news archive], California's same-sex marriage ban. County Clerk Ernest Dronenburg Jr. argues that last month's US Supreme Court decision on Proposition 8 [JURIST report] applies only to the couples named in the lawsuit and to the clerks in Alameda and Los Angeles counties, where they applied for marriage licenses. A spokesperson said the clerk's office is seeking clarification of the law [NBC San Diego report]. In response to the filing, California Attorney General Kamala Harris [official website] said [press release], "The filing offers no new arguments that could deny same-sex couples their constitutionally protected civil rights. The federal injunction is still in effect, and it requires all 58 counties to perform same-sex marriages. No exceptions."

Last week the California Supreme Court rejected a similar petition [JURIST reports] to block same-sex marriage filed by supporters of Proposition 8. Same-sex marriages resumed in California last month after the US Court of Appeals for the Ninth Circuit dissolved the ban [JURIST report]. The move came after the US Supreme Court ruled that Proposition 8 supporters lacked standing to appeal a ruling striking down the ban as unconstitutional.

 

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