Same-sex marriage foes want state court to stop weddings

AP Photo/Marcio Jose SanchezCynthia Wides

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.

Bay Area NewsCalifornia Supreme CourtLGBTProposition 8Same-sex marriage

If you find our journalism valuable and relevant, please consider joining our Examiner membership program.
Find out more at www.sfexaminer.com/join/

Just Posted

Anti-eviction demonstrators rally outside San Francisco Superior Court. (Kevin N. Hume/S.F. Examiner)
Report: Unpaid rent due to COVID-19 could be up to $32.7M per month

A new city report that attempts to quantify how much rent has… Continue reading

Music venues around The City have largely been unable to reopen due to ongoing pandemic health orders. (Kevin N. Hume/S.F. Examiner)
SF to cut $2.5M in fees to help 300 nightlife venues

San Francisco will cut $2.5 million in fees for hundreds of entertainment… Continue reading

Supreme Court nominee Judge Amy Coney Barrett departs the U.S. Capitol on October 21, 2020 in Washington, DC. President Donald Trump nominated Barrett to replace Justice Ruth Bader Ginsburg after Ginsburg’s death. (Photo by Stefani Reynolds/Getty Images)
GOP senators confirm Amy Coney Barrett to Supreme Court in partisan vote

By Jennifer Haberkorn Los Angeles Times The Senate on Monday confirmed Judge… Continue reading

Curator Tim Burgard looks over a section of the galleries comprising “The de Young Open,” a huge, varied collection of work by Bay Area artists. (Photo courtesy Gary Sexton/Fine Arts Museums of San Francisco)
Bay Area artists jam-pack vivid ‘de Young Open’

Huge exhibition — with works for sale — showcases diversity, supports community

SF Board of Education vice president Gabriela Lopez and commissioner Alison Collins listen at a news conference condemning recent racist and social media attacks targeted at them and the two student representatives on Monday, Oct. 26, 2020. (Kevin N. Hume/S.F. Examiner)
Online attacks on school board members denounced by city officials

City officials on Monday condemned the targeting of school board members, both… Continue reading

Most Read