San Diego County Clerk Asks CA Court to Stop Same-Sex Marriage

  • Posted by a hidden member.
    Log in to view his profile

    Jul 21, 2013 10:38 AM GMT
    It's unknown why the San Diego county clerk is doing this.

    County Chairman Greg Cox issued a statement about the petition, saying:

    "The County Clerk has acted independently on this matter. 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."

    California Attorney General Kamala D. Harris also issued a statement saying:

    "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," it said.


    http://www.nbcsandiego.com/news/local/-San-Diego-County-Clerk-Asks-Court-to-Stop-Same-Sex-Marriage-216235731.html
  • Posted by a hidden member.
    Log in to view his profile

    Jul 21, 2013 11:29 AM GMT
    It's probably a smoke screen, but it appears they are looking for clarification. I'm not sure what would not be clear, since I am not familiar with the process.

    From the article:

    San Diego County Assessor Ernie Dronenberg, who is in charge of issuing marriage licenses, filed the petition Friday through a private attorney. Dronenberg was elected two years ago.

    “What we asked is for clarification of the law,” said Sandra Banaga from the clerk’s office.


    ...

    When asked why the counties were filing this petition, she said the reason was simply for clarification.
    "We’re making sure to follow the constitution so there isn’t any confusion," she said.




    ART_DECO saidIt's unknown why the San Diego county clerk is doing this.

  • Posted by a hidden member.
    Log in to view his profile

    Jul 21, 2013 11:57 AM GMT
    creyente said
    ART_DECO saidIt's unknown why the San Diego county clerk is doing this.

    It's probably a smoke screen, but it appears they are looking for clarification. I'm not sure what would not be clear, since I am not familiar with the process.

    The reason does sound like a smoke screen, why I said it's unknown why the county clerk is doing this, implying there's a hidden reason for this. Matters of constitutionality are decided above the pay grade of a county clerk. Clerks are sworn to follow and implement public law, they do not independently interpret the constitution (State or Federal) on which laws and directives are based. The County Chairman has made that clear in the public statement he released.

    If this clerk needs procedural clarification then ask for clarification, he doesn't file a petition in court to stop same-sex marriages based on his own extra-legal interpretation of the constitution. That's not within his scope of authority and job description. "Clarification" is clearly a cover for his true motivation, or he would have gone through the county attorney, not hired a private one at his own expense to file this action.

    I smell Prop 8 supporters at work here, not just a rogue county clerk. Although this is an elected position, I hope there are removal procedures for county clerks who refuse to perform their official duties.
  • Posted by a hidden member.
    Log in to view his profile

    Jul 21, 2013 12:16 PM GMT
    I would agree, and thanks for the lesson. icon_biggrin.gif

    ART_DECO said
    creyente said
    ART_DECO saidIt's unknown why the San Diego county clerk is doing this.

    It's probably a smoke screen, but it appears they are looking for clarification. I'm not sure what would not be clear, since I am not familiar with the process.

    The reason does sound like a smoke screen, why I said it's unknown why the county clerk is doing this, implying there's a hidden reason for this. Matters of constitutionality are decided above the pay grade of a county clerk. Clerks are sworn to follow and implement public law, they do not independently interpret the constitution (State or Federal) on which laws and directives are based. The County Chairman has made that clear in the public statement he released.

    If this clerk needs procedural clarification then ask for clarification, he doesn't file a petition in court to stop same-sex marriages based on his own extra-legal interpretation of the constitution. That's not within his scope of authority and job description. "Clarification" is clearly a cover for his true motivation, or he would have gone through the county attorney, not hired a private one at his own expense to file this action.

    I smell Prop 8 supporters at work here, not just a rogue county clerk. Although this is an elected position, I hope there are removal procedures for county clerks who refuse to perform their official duties.
  • Webster666

    Posts: 9217

    Jul 22, 2013 6:21 AM GMT
    It would appear that he has standing to challenge the order from the Governor and the Attorney General.

    We may have to gear up for another ballot initiative, which we would absolutely win, this time around, what with people's attitudes toward gay marriage having changed dramatically since the last time.
  • Posted by a hidden member.
    Log in to view his profile

    Jul 22, 2013 6:24 AM GMT
    Webster666 saidIt would appear that he has standing to challenge the order from the Governor and the Attorney General.

    We may have to gear up for another ballot initiative, which we would absolutely win, this time around, what with people's attitudes toward gay marriage having changed dramatically since the last time.

    Oh God I hope not. You guys have been through enough drama already.

    Hopefully this clown gets laughed out of court and that's the end of it.