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California Supreme Court declines to halt same-sex marriages in latest challenge by San Diego’s county clerk

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By Scottie Thomaston

David Boies with Ted Olson
David Boies with Ted Olson

Last week, San Diego’s county clerk filed a petition with the California state supreme court to end the issuance of marriage licenses to same-sex couples in the state. (This is separate from the one filed the previous week by the proponents of Prop 8 to halt marriages.) As in the petition filed the week before, San Diego’s county clerk asked for an immediate temporary stay on the marriages, and for the state supreme court to ultimately decide whether they will allow counties to refuse to issue same-sex marriage licenses.

The state of California filed a response, opposing an immediate stay, largely for the same reasons as the other petition. The state supreme court has now denied the request for an immediate stay in a brief order. Marriages will continue across the state while the California supreme court works through the issues.

In the proponents’ new case, twenty clerk recorders have opposed the petition and filed a brief in support of marriage equality.

Thanks to Kathleen Perrin for these filings

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