LAKE COUNTY, Calif. – Wednesday decisions by the US Supreme Court are setting the stage for changes across California, as officials prepare to once again allow same-same marriages.
The US Supreme Court found in United States v. Windsor that Section 3 in the 1996 “Defense of Marriage Act” was unconstitutional because it discriminated against a specific class of people – in that case, gays and lesbians.
Separately, in Hollingsworth v. Perry, the court dismissed the appeal by Proposition 8's backers of a district court's decision that struck down the voter initiative.
“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,” the court's decision stated.
After federal district court Judge Vaughn Walker ruled Proposition 8 was unconstitutional in 2010, the decision was appealed to the Ninth Circuit, which implemented a stay on the district court's ruling.
Chief Justice John Roberts and Justices Antonin Scalia, Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan constituted the court’s majority on the Proposition 8 matter, while Justices Anthony Kennedy, Clarence Thomas, Samuel Alito and Sonia Sotomayor dissented.
The decision, delivered by Chief Justice Roberts, stated, “Because petitioners have not satisfied their burden to demonstrate standing to appeal the judgment of the District Court, the Ninth Circuit was without jurisdiction to consider the appeal. The judgment of the Ninth Circuit is vacated, and the case is remanded with instructions to dismiss the appeal for lack of jurisdiction.”
In the wake of the decision, Proposition 8 supporters vowed to continue their fight.
In the case of ProtectMarriage.com, the organization that advocated for the ballot measure, it claimed a victory in the Supreme Court decision, saying that the court “reversed the Ninth Circuit Court of Appeals’ misguided decision that sought to invalidate Proposition 8.”
The group vowed to continue to defend Proposition 8 “and seek its enforcement until such time as there is a binding statewide order that renders Prop 8 unenforceable.”
The decision was applauded by state, federal and local officials.
“After years of struggle, the U.S. Supreme Court today has made same-sex marriage a reality in California,” said Gov. Jerry Brown.
California Attorney General Kamala Harris – who had argued Proposition 8 is unconstitutional – praised both decisions.
Sen. Noreen Evans (D-Santa Rosa), Lake County's representative in the state Senate, lauded the decision.
“With liberty and justice for all, today the Supreme Court affirmed what many of us have long known; equal protection under the law is not a subjective principle that ebbs and flows with the times,” she said in a written statement. “It is, however, the core tenet of this country's founding and one that I am proud to see upheld and strengthened with today's rulings. The issues that challenge equality for all may change, but we should take comfort in the knowledge that justice is unwavering."
Assemblymember Mariko Yamada (D-Davis) said the decisions “are a beacon of hope to all who choose to travel our country’s long road to justice. Let us all continue the fight for civil rights for all people.”
Congressman Mike Thompson (CA-5) said the Supreme Court “took a stand for equal justice under the law, ruling that laws that deny equality are immoral, unjust and unfair.”
He added, “This is a giant step forward, but we must continue working until every American has the right to marry whoever they love no matter where you live.”
Clearlake City Councilman Joey Luiz told Lake County News he was very happy with both of the court's Wednesday decisions.
“Being a gay man in a committed relationship it has extra meaning for me and my partner. Should we choose to marry in the future, our relationship will now be recognized and equal under the law. This gives us a sense of security as we plan to move forward in our life together that our straight counterparts have long been granted,” said Luiz.
“I also have positive and strong feelings as a gay elected official,” he added. “Today I feel the oath I took to uphold the Constitution of the United States and the Constitution of the State of California has more meaning to me. Those two documents now include marriage equality for me and the millions of other LGBT Americans. It is a great day to be an American and a great day where our system has shown justice and equality are abundant.”
Next steps for local officials
Brown said he 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.
Harris said the decision in Hollingsworth v. Perry means that every county in California must now recognize the right of same sex couples to legally marry.
“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,” Harris said.
Ninth Circuit Court spokesman David Madden told Lake County News that the US Supreme Court's rules provide a 25-day period in which a party can file a petition for a rehearing. The court delays issuance of its notice and judgment until that time period expires.
Madden said if the Ninth Circuit follows its normal practice, it will wait the 25 days to receive the notice and judgment before presenting it to the three-judge panel that originally heard the case, with that panel addressing the stay.
But he cautioned that if a petition for rehearing is filed with the Supreme Court, it could take well behind that 25-day period.
While Harris is calling on the court to act immediately, neither she nor anyone else had filed a petition asking the court to act sooner than it normally does as of Wednesday afternoon, Madden said.
In the meantime, local officials are preparing to issue marriage licenses once again once the stay is lifted.
Cathy Saderlund, Lake County's auditor-controller/county clerk, said she and her staff are ready to move forward on issuing the licenses as soon as they're cleared to do so by the federal court.
Saderlund and other county clerks and recorders around the state received a letter on Wednesday from the California Department of Public Health informing them that same-sex marriages would once again be allowed.
Referencing an advice letter from Attorney General Harris, State Registrar Tony Agurto said the district court's injunction on Proposition 8 was in effect statewide, and county clerks and recorders in all 58 counties must comply with it.
Until the stay is lifted, county clerks and records should not issue marriage licenses to same-sex couples, Agurto said.
Saderlund said she's had three recent inquiries about marriage licenses for same-sex couples.
“As people are calling, we're asking them to leave their names so we can contact them when we receive further instructions from the state,” Saderlund said.
John Jensen contributed to this report.
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