CA Gov. Orders Counties To Issue Marriage Licenses As Soon As Prop 8 Stay Lifts

[cal04]

Source: TPM

California Gov. Jerry Brown (D) Wednesday instructed the state Department of Public Health to notify county clerks to recognize same-sex couples once the injunction on those marriages is lifted by the Ninth Circuit Court of Appeals.

The order comes directly in the wake of the Supreme Court's dismissal of the Prop 8 appeal.

"The effect of the district court's injunction is that same-sex couples will once again be allowed to marry in California," the notice said. "But they will not be able to marry until the Ninth Circuit issues a further order dissolving a stay of the injunction that has been in place throughout the appeal process."

It could be a month or more before that injunction is lifted and clerks are allowed to issue marriage licenses, according to the notice.

Read more: http://livewire.talkingpointsmemo.com/entry/ca-gov-orders-counties-to-issue-marriage-licenses

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Jerry Brown
https://twitter.com/JerryBrownGov
I've directed @CAPublicHealth to advise counties to issue marriage licenses to same-sex couples as soon as 9th Circuit stay is lifted #Prop8


Jerry Brown: Counties must issue marriage licenses to same-sex couples
http://www.latimes.com/news/local/political/la-me-pc-prop-8-proposition-8-jerry-brown-supreme-court-doma-20130626,0,4183856.story

[idwiyo]

1. K&R Yes!

[pinto]

2. Good call Gov. That was quick.

[lark]

3. 5-4 is certainly the supreme court roller coaster ride.

First they codify discrimination in elections yesterday then today this! I'm getting whiplash.

[happyslug]

9. I see you like Roberts and Scalia.

The Decision was written by Roberts, and signed to by Scalia, Ginsberg, Breyer and Kagan.

That is NOT a good combination, for they ruled that the Court had no Jurisdiction in the matter for the side supporting Proposition 8 had no standing. Only the State of California had standing to defend one of its laws.

Please note the result is the Ruling of the Federal District is upheld, but the decision as to standing by the Ninth Circuit was ruled to be unconstitutional for the Intervenors had no standing. Thus the only court decision to stand was the Local Federal District Court Decision, and then only by default i.e. no valid appeal from that decision. A Federal Judge (or even a State Judge) in a different California Federal District can rule otherwise as to the constitutionality of proposition 8.

[lark]

12. Scalia, Roberts, Alito and Thomas

are an embarassement to judges everywhere and are nothing but partisan hacks at best. Kennedy is only very marginally better, but it's the difference between pond scum and the bottom of pond scum - both are nasty.

Even though yesterday wasn't as good as I originally thought, I am glad that DOMA was invalidated and that Prop. 8 is now overturned, per the CA court. No, it didn't do what it should, but from this radical right court it was the best we could get.

[lunatica]

4. Wonderful

kick'd and rec'd

[friendly_iconoclast]

5. Well done, Jer! K&R

[pinto]

6. Kick (nt)

[William769]

7. Kick & highly recommended.

[happyslug]

8. The Court ruled on the Issue of Standing, a Ruling Agreed to by Roberts, Scalia....

ROBERTS, C. J., delivered the opinion of the Court, in which SCALIA, GINSBURG, BREYER, and KAGAN, JJ., joined.

KENNEDY, J., filed a dissenting opinion, in which THOMAS, ALITO, and SOTOMAYOR, JJ., joined.

Here is the Actual Opinion:
http://www.supremecourt.gov/opinions/12pdf/12-144_8ok0.pdf

Please note Kennedy's dissent clearly states he would have UPHELD PROPOSITION 8. It this he, Thomas, Alito and Sotomayor would have agreed with. Roberts, Scalia, Ginsburg, Breyer and Kagan are silent on that issue, their opinion is strictly one of Standing and the lack of Standing of anyone but a State to Defend a State Law. In simple terms, if you get around the Standing issue (And there are ways to do so), I see these four standing firm that Proposition 8 is valid, the only question is how many of the Majority would jin them.


The whole decision is one of who had standing to defend a state law. When Governor Brown decided NOT to defend it, according to the Majority NO ONE ELSE HAD STANDING. Thus ends the case.

In many ways this is the worse case situation, in a coming election a Republican can get elected, decide that Proposition 8 was valid, and deny a marriage license. The Local court will uphold the existing local ruling on the issue, but the Governor, unlike Brown, could appeal the law all the way to the US Supreme Court. At that point you would have two sides with Standing and the Court could then rule that the Federal Constitution does NOT forbid something like proposition 8.

Remember the Court did NOT rule proposition 8 unconstitutional (that was done by the local Federal District Court), the Court ruled the side wanting to uphold proposition 8 had no standing to do so.

Remember, proposition 8 was ruled to be VALID under California Constitution and thus the only way to attack it was with the Federal Constitution. Thus this Federal issue REMAINS and can be re-fought in the future by any county clerk, that has the support of the Clerk's the County Government to take a case to the US Supreme Court.

Please note, while the Ninth Circuit Court of Appeals also ruled on this issue, it had to address the issue of standing. In many ways the US Supreme Court decision is more a reversal of that ruling then the ruling of the Trial Court. Thus the only area where that trial count is binding precedent is in the same Federal District it was issued in. A different Federal District Court in California could rule otherwise. Only time will tell if a similar case is taken on.

[YOHABLO]

10. Cali is looking better all the time thanks to Gov Brown ..

[olddad56]

11. I live in Ca. and I think Jerry Brown is a very good governor. I thought he was the first time also.

especially since he had to undo the damage of Reagan the first time and some other B grade actor the second time around.