Wednesday, April 23, 2014
PLACERVILLE, CALIFORNIA
99 CENTS

County clerk ready for gay marriages

By
From page A14 | June 28, 2013 | 14 Comments

The negation of Proposition 8, which is contingent on a decision from the Ninth Circuit Court of Appeals, will allow same-sex marriages in California, has not fazed the El Dorado County Recorder-Clerk.

“I swore an oath,” Bill Schultz said. “I intend to do my job. When there was a window period that allowed gay and lesbian marriages, we performed quite a few marriages, no problem.”

The appointment system will stay in place, and Schultz anticipates “no change in business.” They are fully prepared, with licenses that take new language into account.

“It’s a brand new world, and we look forward to it,” he said.

The Supreme Court found that those opposing same-sex marriage had no legal standing to sue to uphold for Prop. 8.

“Because we find that petitioners do not have standing, we have no authority to decide this case on the merits, and neither did the Ninth Circuit,” the Supreme Court opinion read. “We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here.”

California Attorney General Kamala Harris filed an amicus brief prior to the decision, which expands on why the Supreme Court later came to their decision.

“Unlike state officials, proponents have no authority to enforce Proposition 8, and suffered no injury-in-fact from the district court’s judgment enjoining its enforcement,” the amicus brief states. As a result, the Proposition 8 sponsors can only assert the kind of undifferentiated interest in the validity of state law that this Court has held to be insufficient for [legal] standing.”

She added the Proposition should have been unlawful in the first place.

“To be clear, Proposition 8’s sole purpose was to prevent same-sex couples from marrying,” she wrote. “There is absolutely no legitimate or rational state interest in doing so. Proposition 8 is therefore unconstitutional.”

Gov. Jerry Brown weighed in on the decision after it was announced.

“After years of struggle, the U.S. Supreme Court today has made same-sex marriage a reality in California,” Brown said in a press release Wednesday. “In light of the decision, I have directed the California Department of Public Health to advise the state’s counties that they must begin issuing marriage licenses to same-sex couples in California as soon as the Ninth Circuit confirms the stay is lifted.”

The letter issued by the Department of Public Health cautioned County Clerks and Recorders in all 58 counties to not issue licenses until the Ninth Circuit confirmed the stay of the injunction on Prop 8.

“The Supreme Court’s historic ruling in Hollingsworth v. Perry means that same-sex couples have the fundamental right to be legally married in all of California’s 58 counties,” Harris said in a press release. “The Court agreed with our argument that opponents of same-sex marriage lacked the legal standing required to bring the issue to the court. Same-sex marriages can legally resume in California as soon as the Ninth Circuit Court of Appeals lifts its stay on the District Court Ruling. I ask that the Ninth Circuit lift this stay immediately, because gay and lesbian couples in California have waited long enough for their full civil rights.”

 

 

 

 

LEAVE A COMMENT

Discussion | 14 comments

  • DB SmithJune 28, 2013 - 9:13 am

    Yes Schultz, and don't forget, against the will of the voters in this state and you say you're looking forward to it. Believe this...it will open the door to many other scenarios.

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  • cookie65June 30, 2013 - 8:19 am

    DB, George Orwell wrote an essay titled Politics and the English Language. In it he discusses what he calls meaningless words, he classifies "democracy" as a word that has no agreed upon definition. In fact, he says that any attempt to make one is resisted from all sides. The essay was published in 1946.

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  • cookie65June 30, 2013 - 10:03 am

    DB, you know who else was cheering the SCOTUS last week? Polygamists. There is now no rational argument or legal denial of their right to marry how ever many people they wish. http://legalinsurrection.com/2011/06/on-what-rational-basis-does-ny-state-now-deny-polyamorous-clustors-the-right-to-marry/

    Reply | Report abusive comment
  • Phil VeerkampJune 30, 2013 - 10:10 am

    How about NAMBLA? fair is fair . . . right?

    Reply | Report abusive comment
  • cookie65June 30, 2013 - 11:14 am

    Pandora's box......

    Reply | Report abusive comment
  • DB SmithJune 30, 2013 - 12:33 pm

    Cookie, Pandora's box is so correct. SCOTUS opened the door against the will of the California voters. You mentioned Polygamists, Phil mentioned NAMBLA (man boy) and lets don't forget the rights of those that believe in men marrying little girls and then we have the people that believe in Human Animal Marriages. People may say aahh that will never happen. Bullsh*t. They may be a minority but don't they have rights too? The doors are opened and now the idiots can reap the benefits.

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  • James E.June 30, 2013 - 12:38 pm

    DB, I'd like to go on record that I am against multiple wives, men marrying little girls, man/boy, and anyone wanting to marry one of my female Chihuahuas. STAY away from my little girls.

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  • DB SmithJune 30, 2013 - 12:47 pm

    I hear ya Colonel, and without sounding discriminatory, you would now have to explain why those select groups don't have the same rights as hetero or homo.

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  • James E.June 30, 2013 - 12:57 pm

    DB, well, guess those groups will have to appeal to the Supreme Court for their equal rights.

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  • James E.June 30, 2013 - 12:57 pm

    Going out into the heat and will be back later. Hope I survive.

    Reply | Report abusive comment
  • MorrisJune 30, 2013 - 10:29 pm

    The attempt to find similarities between NAMBLA and marriage between consenting adults is absurd. Not to mention sick. Child molesters exist in all sizes, shapes and colors of individuals. It knows no distinction as being a crime defined by sexuality; straight, gay or anything in between. It's just wrong and always will be wrong. And in my opinion, those guilty of such a heinous act should be publicly executed by firing squad. As for the real issue here - marriage between consenting adults - the rhetoric tossed about by those opposed brings nothing new to the table. It's all been heard before in arguments opposing the abolition of slavery, interracial marriage, the suffrage movement and the ERA. Even liquor by the drink and legalized gambling would - supposedly - bring about the destruction of human society as we know it. While it may be a tad warm outside, so far the gates of hell have not opened up nor released any swarms of locusts. Personally, I feel our attention is far better served by calling out individuals in positions of authority who abuse the system and profit at taxpayer expense. I could care less whom Phil marries; just so long as it is a consensual, legal and happy match.

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  • West End CynvicJune 30, 2013 - 4:03 pm

    Against the will of the voters, AGAIN, is the most important issue here.

    Reply | Report abusive comment
  • MorrisJuly 01, 2013 - 1:14 am

    The attempt to find similarities between NAMBLA and marriage between consenting adults is absurd. Not to mention sick. Child molesters exist in all sizes, shapes and colors of individuals. It knows no distinction as being a crime defined by sexuality; straight, gay or anything in between. It's just wrong and always will be wrong. And in my opinion, those guilty of such a heinous act should be publicly executed by firing squad. As for the real issue here - marriage between consenting adults - the rhetoric tossed about by those opposed brings nothing new to the table. It's all been heard before in arguments opposing the abolition of slavery, interracial marriage, the suffrage movement and the ERA. Even liquor by the drink and legalized gambling would - supposedly - bring about the destruction of human society as we know it. While it may be a tad warm outside, so far the gates of hell have not opened up nor released any swarms of locusts. Personally, I feel our attention is far better served by calling out individuals in positions of authority who abuse the system and profit at taxpayer expense. I could care less whom Phil marries; just so long as it is a consensual, legal and happy match. Unsure about the whole being registered at Tractor Supply but to each.....

    Reply | Report abusive comment
  • crysJuly 16, 2013 - 8:40 am

    So excited!!! I can finally marry my partner of 16 years!! Cracks me up that so many people this change does not affect are so upset.... I really don't see the problem why is equality so scary for so many "straight" couples?!?!

    Reply | Report abusive comment
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