Legal Assistant Blog


REGION: County will not issue marriage licenses to gay couples for now...

Posted in by admin on Tue, 2008-05-20 04:05

Gay couples who want to get married in San Diego County under last week's state Supreme Court ruling will have to wait a little longer.

San Diego County will not issue them marriage licenses until the state writes new guidelines, county Clerk Gregory Smith said Monday.

The Supreme Court on Thursday overturned the state's ban on same-sex marriage. The ruling does not take effect immediately.

"We are in a holding pattern until such a time as we receive direction from the California State Office of Vital Records on implementing this decision," Smith said in a press release.

Dave Butler, the county's assistant clerk, said Monday that fewer than 10 same-sex couples had asked about marriage licenses, but none have been issued.

He said officials told the couples the county could not give them licenses. He said the couples were told to watch the county's Web site for updates on when that might change.

Suanne Buggy, a spokeswoman for the state Office of Vital Records, said the state is developing regulations to implement the court ruling statewide. She declined to say when the regulations would be released, saying only that they would be out "shortly."

"We're going to be in full compliance with the court ruling and we will be issuing guidelines to make sure that counties are in compliance with the ruling," Buggy said.

Ali Bay, a spokeswoman with the gay rights group Equality California, said the county's decision was expected.

"We expect that in the next 30 days or so, the court's ruling will become final, and we expect that it will become law and that counties will comply," Bay said.

The case before the state Supreme Court stems from a 2004 decision by San Francisco Mayor Gavin Newsom to issue marriage licenses to gay couples.

In his opinion, Chief Justice Ronald George wrote that "an individual's capacity to establish a loving and long-term committed relationship with another person and responsibility to care for and raise children does not depend upon the individual's sexual orientation."

The court ruled 4-3 in favor of striking down Proposition 22, an eight-year-old voter approved initiative that defined marriage as between a man and a woman only.

The question over legalized, same-sex marriage likely will come back to state voters in November. Gay marriage opponents say they have gathered enough signatures to qualify the so-called Marriage Protection Act, which would amend the state constitution to make same-sex marriage illegal, for the ballot.

If passed, the constitutional amendment would override last week's Supreme Court ruling. Prop. 22 only added a statute to the California Family Code.

"The will of the people has been completely undermined by four individuals," said Ron Prentice, chairman of the ProtectMarriage.com coalition, which helped collect signatures for the proposed constitutional amendment. "In November, the people will have an opportunity to overrule the court's decision."

Contact staff writer Edward Sifuentes at (760) 740-3511 or esifuentes@nctimes.com .

Attacking marriage wrote on May 19, 2008 1:29 PM:Oh! Thank God! As soon as this attack on marriage happens, hundreds of thousands of hetero couples will divorce instantly!!

Awww shucks wrote on May 19, 2008 1:41 PM:I was going to come down there with my sister so we could get hitched!

This is not right wrote on May 19, 2008 2:01 PM:I had people coming from Utah and Texas to get special california marriage licenses. They and all of their wives and children are going to be soo disappointed. How about San Franwacko? Does anybody know if they are giving out special wedding licenses?

Osider wrote on May 19, 2008 2:06 PM:Well, at least the county is on board and waiting for the actual disposition. This is a disgrace to the moral well being of our children whom have to now have to grow up with this in their face. I sure hope the Feds shut this down! This is not what God intended when he made Adam and Eve othewise, he would have made Adam and Adam.

Randy wrote on May 19, 2008 2:34 PM:Heterosexuals don't bother with marriage; they just shack up. With the high probability of divorce, why would anyone in their right minds want to get married anyway?

Your Church wrote on May 19, 2008 3:47 PM:could be sued and/or tax exempt taken away! What if a gay couple want to marry but the church where they want to marry doesn't believe in it and refuses. They sue the church for discrimination. Away goes the tax exempt etc etc. Nice consequence.

Stone wrote on May 19, 2008 3:52 PM: Well, don't ask, don't tell goes down the drain when a couple applies for a marriage licence. Everybody in the world can know about the couple even if they don't get the licence.

Curtis wrote on May 19, 2008 4:14 PM:Hey Osider, why don't you just move to another country where the government doesn't recognize human rights.

dear fearful people wrote on May 19, 2008 4:21 PM:your kids will be okay. just because they see two people of the same sex getting married doesn't mean they're gonna go crazy or lack the morals you indoctrinate them with. there are plenty of worse things out there now than two people who love each other who want to be treated just like everybody else and want to get married. if you raise your own kids well hopefully they will be accepting people and will not believe that the entire world is going to heck just because of homosexuality. i dont understand homosexuality, and could not imagine ever being attracted to someone of the same sex. but deciding who and who can't get married is not my job to decide. and quit using the slippery slope as a way to explain how bad you think same-sex marriage is. use some reason and logic, and throw in some tolerance. no one is forcing you to get married, so get over it.

You sound like one uptight, intolerant person. I thought all humans were Gods creation and he teaches us to be tolerant of others. Oh yeah....if you do not drink the kool-aid then your evil.

Osider wrote on May 19, 2008 4:32 PM:Curtis, Curtis, Curtis, did you get your little feelings hurt? You people already have your rights in place so, dont force your lifestyle that you have chosen down my throat. The people of California have already spoken. GET OVER IT! Your Church has brought up another very valid point as well. Just try and get married in a church and see what happens.

Bouchard wrote on May 19, 2008 4:34 PM:California, Vermont, Massachusetts, etc., should be expelled from the USA so they do not contaminate the rest of the country. Righteous, moral families should get government relocation assistance and ten years to relocate, after which they lose their citizenship.

Duh wrote on May 19, 2008 5:14 PM:If you don't believe in same-sex marriage than don't marry someone of the same sex... problem solved. And if you think that gays are taking over and are going to ruin American life, look around you... we're in every aspect of American life, so we deserve every aspect of American life, including a marriage. Also, for those trying to prove a point about trying to get married in a church, there's plenty of US Churches that will allow gay marriage once it's legal. There's also plenty of churches that don't allow heterosexual marriages... let me see two Protestants get permission to wed in the Catholic Church... it's up to the church to decide who they wed, either way there should be no punishment.

Kim wrote on May 19, 2008 5:38 PM:I am disappointed that the County is not taking the opportunity to make a positive statement about opening its doors to more people. A far better example of public service can be found at the Riverside County Clerk's website.

Bo wrote on May 19, 2008 6:00 PM:I'm not bashing gay marriage, just questioning the un-fairness of American "morals" enforcement. It's O.K. for gays to marry and adopt children, but having multiple wives or husbands is illegal even if it is an intregal part of your religion? So freedom only applies to gay people?

To BO wrote on May 19, 2008 8:21 PM:No, having multiple wives that are under the legal age of consent is illegal even if it is an integral part of your religion. Keep in mind that ultimately the government decides whether you are a religion or not. Everybody knows it's not worth starting a religion if you can't be tax exempt!

Hey Osider - if your God is all knowing, then this has to be part of God's plan, eh?

Fed up wrote on May 19, 2008 8:22 PM:Gays have civil unions. can't ya'll leave marriage alone.

To Your Church wrote on May 19, 2008 8:39 PM:No church is required to marry any couple they don't agree with, that was and still is protected under the First Amendment.

But some churches should be investigated by the IRS for political campaigning. Using churches to collect signatures is blatantly unconstitutional, and the tax exempt status for those churches that did should be revoked.

Bob wrote on May 19, 2008 8:46 PM:It's about time. Just 40 years ago it was illegal for blacks to marry whites. The same bull religious excuse was used.

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