Saturday, July 20, 2013

San Diego County Clerk Files Suit To Revive Prop 8

The heterosexual supremacists are taking the return of marriage equality to California pretty badly. The Proponents of Proposition 8 have been rebuffed by the U.S. Supreme Court and the California Supreme Court so far.

Now it is a county clerk from San Diego County named Ernest Dronenburg (the level of government which actually is responsible for the issuance of marriage licenses in California) filing a petition before the California Supreme Court asking the Court to issue an immediate stay to prevent him (and all county clerks) from continuing to issue marriage licenses to same-sex couples.

As I said before, there is some truth to what the heterosexual supremacists say about the state of marriage equality in California right now. The text of Proposition 8 is still contained in the California Constitution. But it is also true that two couples filed a federal lawsuit and won an injunction against the enforcement of Proposition 8 in Alameda and Los Angeles Counties by the Attorney General and the Governor. This federal injunction is now in force.

Attorney General Kamala Harris (love her!) issued a statement in response to the San Diego County Clerk's lawsuit:
"The filing offers no new arguments that could deny same-sex couples their constitutionally protected civil rights. The federal injunction is still in effect, and it requires all 58 counties to perform same-sex marriages. No exceptions."
At some point the California Supreme Court is going to have to make a definitive decision on the merits on what legal effect Proposition 8 has now that the U.S. Supreme Court ruled that no one who supports Proposition8 has standing to appeal its loss in federal court, or the people of California need to vote to remove the discriminatory language from the sate's founding document in an election. There happens to be two statewide general election next year, in June 2014 and November 2014. I say, go for it!

Hat/tip to Joe.My.God

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