Proposition 8

COUNTY CLERK PETITIONS COURT TO STOP ISSUANCE OF SAME-SEX MARRIAGE LICENSES

July 21, 2013 (San Diego) – San Diego County Clerk Ernest Dronenberg Jr. has filed a petition with the California Supreme Court asking justices to prohibit County Clerks from issuing same-sex marriage licenses.  The marriages resumed after the U.S. Supreme Court upheld a ruling invalidating Proposition 8.  But Dronenberg argues the ruling should apply only to the two couples who sued over Prop 8.

Today Greg Cox, Chairman of the San Diego Board of Supervisors, made clear that Dronenberg acted on his own.  “No one else from the County was consulted or had any part of ths court action, including the Board of Supervisors,” Cox said in a statement sent to media.  “The County’s position is and always has been that we, the County, will follow applicable law with regards to same sex marriage.”

POLITICAL REFLECTIONS COLUMN: MARRYING YOUR GAY FIRST COUSIN?

By Mark Gabrish Conlan

April 7, 2013 (San Diego)--On March 26 and 27, the U.S. Supreme Court heard two major cases over whether same-sex couples have a constitutional right to marry.

On March 26 they heard arguments on whether Proposition 8, which California voters passed in November 2008 to short-circuit the ruling of the California Supreme Court that the state’s constitution did not allow it to deny marriage to same-sex couples, is unconstitutional under the equal protection clause of the 14th Amendment to the U.S. Constitution. The next day they heard the case of Edith Windsor, who legally married her long-term partner, Thea Spyer, in Canada in 2007, then got socked with a federal estate tax bill of $367,000 because the federal government didn’t recognize her marriage under the so-called “Defense of Marriage Act” (DoMA) passed by Congress in 1996.

The two cases rest on somewhat different legal issues, and it’s quite possible the court could throw out Proposition 8 and uphold DoMA — or vice versa — but the underlying issues are the same.

U.S. SUPREME COURT RELEASES AUDIO AND TRANSCRIPT OF ORAL ARGUMENT IN PROPOSITION 8 CASE

 

Audio and Transcript of the Historic Argument Available HERE

March 26, 2013 (Washington D.C.)-- Today, the United States Supreme Court heard oral argument in Hollingsworth v. Perry, the federal constitutional challenge to California’s Proposition 8.  The Court is considering whether Proposition 8 violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution.   

The American Foundation for Equal Rights (AFER), sole sponsor of the Perry case, has posted the full audio and transcript of the historic argument at: www.afer.org/blog/everything-you-need-to-know-marriage-equality-at-the-supreme-court/

Califiornian voters legalized same-sex marriage, but later overturned the rights of gay and lesbian couples to wed with Prop 8's passage in November 2008.  A federal district court ruled that Prop 8 was unconstitutional, a ruling later upheld by the federal court of appeals.  On December 7, 2012, the Supreme Court granted certiorari in Perry to review the case. The appeal was filed by Dennis Hollingsworth, former State Senator from San Diego and Riverside counties.

PROP 8 RULING BY FEDERAL COURT MAY BE A LASTING VICTORY FOR SAME-SEX COUPLES

By Serena Scaglione

February 9, 2012 (San Diego)--Tuesday’s decision by the 9th U.S. Circuit Court of Appeals to rule the Proposition 8 ban on same-sex marriage unconstitutional may withstand a challenge to the nation’s highest court, due to the tight legal grounds surrounding the issue that are specific to California. 

CA SUPREME COURT TO INTERVENE IN PROP 8 CASE

February 18, 2011 (Sacramento) -- Do opponents of gay marriage have legal standing to challenge a decision overturning Proposition 8 in federal court after the state’s two top officers opted not to defend the measure? California’s Supreme Court has announced it will take up that legal question.

WEDDING BELLS SILENCED: JUDGE BLOCKS SAME-SEX MARRIAGES UNTIL DECEMBER

 

East County News Service

August 17, 2010 (San Diego’s East County) – A three-judge panel of the U.S. 9th Circuit Court of Appeals yesterday announced an indefinite stay on same-sex marriages. The 9th Circuit also expedited scheduling to hear the appeal of Judge Walker’s decision to overturn Prop 8.

 

JUDGE RULES SAME-SEX MARRIAGES MAY BEGIN WEDNESDAY UNLESS HIGHER COURT INTERVENES

 East County News Service

August 13, 2010 (San Diego) – U.S. District Judge Vaughn R. Walker lifted a stay on gay marriages yesterday, after overturning Proposition 8 as unconstitutional last week. The judge declined to implement his order immediately, however, giving opponents time to appeal to a higher court. If the 9th Circuit Court of Appeals does not intervene, same-sex marriages may occur starting Wednesday.
 

San Diego’s Assessor/Recorder/Clerk’s office is accepting reservations for ceremonies to be performing as early as Wednesday, provided the ruling holds.

EAST COUNTY COMMUNITY LEADERS REACT TO CA SUPREME COURT UPHOLDING PROP 8; NEW LAWSUIT FILED IN FEDERAL COURT BY LAWYERS IN BUSH V. GORE SEEKS TO REINSTATE GAY MARRIAGE

By Miriam Raftery May 27, 2009 (San Diego’s East County) – The California Supreme Court ruled this week to uphold Proposition 8 banning gay marriage, though the court also held that gay marriages that occurred before Prop 8’s passage will remain valid. (View the high court opinion here: www.courtinfo.ca.gov/courts/supreme/). In East County and across the state, leaders on both sides of the controversial issue weighed in with their views.