Filed under: Prop 8
EqualityOnTrial caught up with Jeff Zarrillo and Paul Katami, two of the plaintiffs in the Proposition 8 case to return marriage equality to California, one month after their historic Supreme Court win. The couple talked about their wedding and what they look forward to both in their lives and for the LGBT community at large. At the center of the conversation was one simple theme: it was bigger than us.
Continue 1 CommentAugust 6, 2013
Ernest Dronenburg, San Diego’s County Clerk, has withdrawn his petition to the California state supreme court asking for clarification on enforcement of Prop 8.
Continue 4 CommentsAugust 2, 2013
By Scottie Thomaston
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
3 CommentsJuly 24, 2013
By Jacob Combs
Last Friday, Ernest Dronenburg, Jr., the San Diego Assessor/Recorder/County Clerk, filed a petition with the California Supreme Court seeking an order to halt marriages for same-sex couples in the state.
Marriage equality was returned to California on June 28, two days after the Supreme Court ruled the proponents of Proposition 8 did not have standing to defend the law in court, allowing a district court decision invalidating the law to go into effect. Nevertheless, the legal battles surrounding the law continue, as the Los Angeles Times reports:
Ernest J. Dronenburg Jr. argued that the court should halt weddings while it considers the argument that the federal court ruling should apply only to the two couples who sued over Proposition 8, as well as to the county clerks in Alameda and Los Angeles counties, where the couples live.
Dronenburg, 69, is an elected Republican whose office is in charge of issuing marriage licenses in San Diego County.
Dronenburg’s request comes on the heels of a petition filed with the state high court by ProtectMarriage, the group which sponsored Prop 8 during the 2008 election and worked to rescind marriage equality rights in the Golden State. In its filing, the ProtectMarriage argued that California Governor Jerry Brown lacked the constitutional authority to mandate county clerks to issue marriage licenses to same-sex couples–an argument that Dronenburg echoes in his petition.
In his filing, Dronenburg says that he is “caught in the crossfire of a legal struggle over the definition of marriage” since he believes Prop 8 is still in effect but had been ordered by state officials to provide marriage licenses to same-sex couples.
Last week, the California Supreme Court denied the Prop 8 proponents’ request for an immediate stay prohibiting same-sex couples from obtaining marriage licenses while the new legal challenge makes its way through the state courts. Briefing on the larger issues of the case is scheduled to continue today and last through early August.
University of California, Irvine Professor Douglas NeJaime told the Los Angeles Times that Dronenburg’s filing essentially piggybacks on ProtectMarriage’s petition, although it differs in that it is being made by an government official who may be better equipped to demonstrate a constitutional injury than the proponents of the ballot measure. According to the Times, NeJaime predicts Dronenburg’s challenge will fail.
San Diego County’s majority Republican Board of Supervisors put distance between them and Dronenburg after the clerk’s court filing. “The county clerk has acted independently on this matter,” board Supervisor Greg Cox told the Times. “No one else from the county was consulted or had any part of this court action, including the Board of Supervisors. The county’s position is and always has been that we, the county, will follow applicable law with regards to same-sex marriage.”
Dronenburg’s filing, via Scribd, is available below. (H/t to Kathleen and Equality Case Files)
[scribd id=154859453 key=key-2layb79kbmlckkzuhef4 mode=scroll]
3 CommentsJuly 22, 2013
By Scottie Thomaston
The California Supreme Court has just denied Prop 8 proponents’ request for a stay on performing same-sex marriage in the state. The proponents asked the court on Friday to stay the marriages and to consider mandating enforcement of Prop 8 in all but two counties in the state, state officials responded, and proponents replied this morning.
The docket page says:
The request for an immediate stay or injunctive relief is denied.
Presumably, the court will keep its reported schedule for the remainder of the issues:
[O]pposition to the remaining questions (other than the question of the stay) is due Monday, July 22, and proponents can file a reply to that opposition on August 1.
Denial of the stat means marriages will continue as the court weighs these issues.
July 15, 2013
By Scottie Thomaston
Plaintiffs in the Prop 8 case. Attribution: LGBTQ Nation
UPDATE 12:50ET:Proponents’ reply is here.
On Friday, the proponents of Prop 8, ProtectMarriage.com, asked the California state supreme court to order the enforcement of Prop 8. The proponents argue that Judge Walker’s injunction against enforcement of Prop 8 doesn’t apply broadly across the entire state and that California law requires enforcement of Prop 8 until an appeals court issues a ruling on the question of Prop 8’s constitutionality.
The state supreme court asked for an ‘informal opposition’ from the state in response to the question of issuing a stay on same-sex marriages in the state as a preliminary matter, and the state filed that late on Friday.
The state’s filing points out that Judge Walker’s order is a federal court order, so the state argues that any further action against that order should be filed in federal, not state, court. The state argues that the issue is foreclosed by the Supremacy Clause of the federal Constitution, that the federal Constitution is the supreme law of the land, and that Judge Walker’s order was expressly issued against state officials so it can’t be challenged in that state’s court system.
Moreover, the state argues, the proponents don’t meet the burden for a stay on issuing marriage licenses to same-sex couples in California. They write that there’s no irreparable harm proponents will face, and that, since the challenge should have been filed in federal court, there is not a likelihood of success on the merits.
The California supreme court has also ordered the proponents to reply to the state by today at 9AM PST; then, opposition to the remaining questions (other than the question of the stay) is due Monday, July 22, and proponents can file a reply to that opposition on August 1.
The state supreme court could act at any time.
h/t Kathleen Perrin for these filings
Prop 8: State's Informal Opposition by EqualityCaseFiles
Prop 8: Proponents' Reply by EqualityCaseFiles
3 CommentsJuly 15, 2013