latimes.com/local/lanow/la-me-ln-prop8-same-sex-marriage-20130628,0,7039997.story
Gov. Jerry Brown's office ordering counties to resume gay marriage
By Anthony York and Maura Dolan
4:03 PM PDT, June 28, 2013
Sources in Gov. Jerry Brown's office said it will immediately issue a letter
to the Department of Public Health, ordering counties to allow same-sex
marriages, after a stay was lifted.
The Los Angeles County Clerk-Recorder said Friday that it would resume
issuing marriage licenses for same-sex weddings as soon as it received official
word from the 9th Circuit Court of Appeals.
The court lifted its stay on an injunction that ordered state officials to
stop enforcing California's Proposition 8,
which banned gay marriage. With the court's action, counties can now begin
issuing same-sex marriage licenses.
DOCUMENT:
Court order dissolving stay
A spokesman for the U.S. 9th Circuit Court of Appeals had originally said it
would takes the court at least 25 days to act after a Supreme Court ruling.
Elizabeth Knox, a spokeswoman for the L.A. County Clerk-Recorder's office,
said the office would start issuing marriage licenses once final word comes from
the court of appeals.
Two of the plaintiffs in Hollingsworth vs. Perry -- Paul Katami and Jeff
Zarrillo of Burbank -- planned to be married at 6:15 p.m. at City Hall.
Hollingsworth vs. Perry was the federal constitutional challenge to Californiafs
Proposition 8.
Lt. Gov. Gavin Newsom said their action gcouldnft come a moment too
soon.h
gWhat extraordinary timing, right before pride weekend [in San
Francisco],h Newsom said. gAll that time, all the struggle, and the moment has
arrived. I hope now with all the exuberance and pent-up energy itfs also a sober
reminder that this is the real deal. Itfs not to be entered into lightly, but
thoughtfully, because this looks to be permanent.h
When asked if he was available to perform weddings, Newsom said: "I'm cheap
and Ifm available. I donft even cost a dollar, so Ifm a pretty good deal."
Newsom said city halls around the state should be open extended hours
throughout the weekend whenever possible.
"The key is that everyone understands that this is not optional," Newsom
said. "Counties need to begin immediately providing these certificates without
regard to gender immediately."
Opponents of same-sex marriage have argued that Chief U.S. District Judge
Vaughn Walker's 2010 decision overturning Proposition 8 applied only to the two
same-sex couples who challenged the ballot measure. But their enthusiasm for
going to court to try to narrow the effect of the decision appeared to wane in
the hours after the decision.
With Brown and Atty. Gen. Kamala
D. Harris pledging to block Proposition 8 across California, the momentum
for gay marriage was likely to hinder any further challenges.
California
voters passed Proposition 8 in 2008, six months after the California Supreme
Court ruled that gays had the right to wed. The state high court later ruled
that the initiative was a valid state constitutional amendment but upheld the
validity of an estimated 18,000 same-sex marriages that occurred before the
election.
The Supreme Court ruled that ProtectMarriage, the sponsors of
Proposition 8, lacked legal authority or standing to appeal Walker's ruling
blocking the ballot initiative. The high court said Proposition 8's sponsors
were not directly affected by Walker's ruling. Only state officials had the
right to appeal, and they refused. That procedural decision wiped out the 9th
Circuit Court of Appeals' 2-1 ruling against Proposition 8, leaving only
Walker's decision in place and affecting only California.
County clerks
who preside over marriages said they were ready for same-sex weddings. Marriage
licenses already are gender-neutral, and clerks began receiving calls Wednesday
from gay couples wanting to schedule appointments.
Harris called on the
9th Circuit on Wednesday to lift its hold on Walker's ruling immediately. The
attorney general said she believed that the appeals court had the authority to
act quickly.
Copyright © 2013, Los
Angeles Times