San Diego county clerk asks court to halt same-sex marriages

The clerk argues that the District Court's ruling only applies to the named couples in the Prop 8 case

Topics: Proposition 8, San Diego, California, Same-sex marriage, Gay Marriage,

The San Diego County clerk has asked the state Supreme Court to block California from issuing licenses to gay and lesbian couples across the state, arguing that the District Court’s ruling on Proposition 8 only applies to the two couples specifically named in the case, as well as officials in Alameda and Los Angeles Counties, where the couples attempted to marry.

County Clerk Ernest J. Dronenburg Jr., who is in charge of issuing marriage licenses for the county, asked for an injunction against same-sex marriage licenses until the court considers who whether or not the District Court’s ruling applies to gay and lesbian couples across the board.

The Associated Press reports:

Mr. Dronenburg is arguing that the United States Supreme Court decision applies only to the two couples named in the original federal lawsuit and to the clerks in Alameda and Los Angeles Counties, where the couples applied for marriage licenses.

Mr. Dronenburg also argues that county clerks are not bound by orders from the governor, the state attorney general or other state officials to marry gay couples.

You Might Also Like

The District Court had ruled that Proposition 8, the state ban on same-sex marriages, was unconstitutional under the Equal Protection clause of the Fourteenth Amendment. The case was appealed all the way up to the Supreme Court, but the high court held in June that the supporters of the law did not have standing to appeal, thus upholding the District Court’s decision. However, the scope of District Court decisions is typically limited to the parties named in the case. California Gov. Jerry Brown, though, quick instructed state officials to begin issuing licenses.

Supporters of Prop 8 last week asked the state Supreme Court to similarly halt same-sex marriages, citing the same reasons as Dronenburg. The court refused the request. SCOTUSBlog explains:

For now, all of this is playing out in the state supreme court.  Aside from refusing a stay request last Monday in the Hollingsworth proceeding, it has given no further indication that it will actually rule on the merits.  Before it would do so, it would first have to rule that the new challenges have  been properly filed in the state’s highest court, rather than in a lower state court or in the federal court that struck down “Proposition 8.”

Jillian Rayfield is an Assistant News Editor for Salon, focusing on politics. Follow her on Twitter at @jillrayfield or email her at jrayfield@salon.com.

More Related Stories

Featured Slide Shows

  • Share on Twitter
  • Share on Facebook
  • 1 of 11
  • Close
  • Fullscreen
  • Thumbnails
    Martyna Blaszczyk/National Geographic Traveler Photo Contest

    National Geographic Traveler Photo Contest Entries

    Slide 1

    Pond de l'Archeveche - hundreds thousands of padlocks locked to a bridge by random couples, as a symbol of their eternal love. After another iconic Pont des Arts bridge was cleared of the padlocks in 2010 (as a safety measure), people started to place their love symbols on this one. Today both of the bridges are full of love locks again.

    Anders Andersson/National Geographic Traveler Photo Contest

    National Geographic Traveler Photo Contest Entries

    Slide 2

    A bird's view of tulip fields near Voorhout in the Netherlands, photographed with a drone in April 2015.

    Aashit Desai/National Geographic Traveler Photo Contest

    National Geographic Traveler Photo Contest Entries

    Slide 3

    Angalamman Festival is celebrated every year in a small town called Kaveripattinam in Tamil Nadu. Devotees, numbering in tens of thousands, converge in this town the day after Maha Shivratri to worship the deity Angalamman, meaning 'The Guardian God'. During the festival some of the worshippers paint their faces that personifies Goddess Kali. Other indulge in the ritual of piercing iron rods throughout their cheeks.

    Allan Gichigi/National Geographic Traveler Photo Contest

    National Geographic Traveler Photo Contest Entries

    Slide 4

    Kit Mikai is a natural rock formation about 40m high found in Western Kenya. She goes up the rocks regularly to meditate. Kit Mikai, Kenya

    Chris Ludlow/National Geographic Traveler Photo Contest

    National Geographic Traveler Photo Contest Entries

    Slide 5

    On a weekend trip to buffalo from Toronto we made a pit stop at Niagara Falls on the Canadian side. I took this shot with my nexus 5 smartphone. I was randomly shooting the falls themselves from different viewpoints when I happened to get a pretty lucky and interesting shot of this lone seagull on patrol over the falls. I didn't even realize I had captured it in the shot until I went back through the photos a few days later

    Jassen T./National Geographic Traveler Photo Contest

    National Geographic Traveler Photo Contest Entries

    Slide 6

    Incredibly beautiful and extremely remote. Koehn Lake, Mojave Desert, California. Aerial Image.

    Howard Singleton/National Geographic Traveler Photo Contest

    National Geographic Traveler Photo Contest Entries

    Slide 7

    Lucky timing! The oxpecker was originally sitting on hippo's head. I could see the hippo was going into a huge yawn (threat display?) and the oxpecker had to vacate it's perch. When I snapped the pic, the oxpecker appeared on the verge of being inhaled and was perfectly positioned between the massive gaping jaws of the hippo. The oxpecker also appears to be screeching in terror and back-pedaling to avoid being a snack!

    Abrar Mohsin/National Geographic Traveler Photo Contest

    National Geographic Traveler Photo Contest Entries

    Slide 8

    The Yetis of Nepal - The Aghoris as they are called are marked by colorful body paint and clothes

    Madeline Crowley/National Geographic Traveler Photo Contest

    National Geographic Traveler Photo Contest Entries

    Slide 9

    Taken from a zodiac raft on a painfully cold, rainy day

    Ian Bird/National Geographic Traveler Photo Contest

    National Geographic Traveler Photo Contest Entries

    Slide 10

    This wave is situated right near the CBD of Sydney. Some describe it as the most dangerous wave in Australia, due to it breaking on barnacle covered rocks only a few feet deep and only ten metres from the cliff face. If you fall off you could find yourself in a life and death situation. This photo was taken 300 feet directly above the wave from a helicopter, just as the surfer is pulling into the lip of the barrel.

  • Recent Slide Shows

Comments

Loading Comments...