San Diego County clerk Ernest Dronenburg Jr. has petitioned the state Supreme Court halt gay marriages in the state of California according to the Associated Press on July 20.
Dronenburg asked for the halt Friday while the state Supreme court considers his petition which argues that the U.S. Supreme Court historic decision on June 26 only apples to the two couple named in the original federal lawsuit. He also argues that the decision only should apply to clerks in Alameda and Los Angeles counties where both couples applied for marriage licenses. He feels that county clerks can’t be ordered by the governor, state attorney general or other state officials to marry gay couples.
The move by Dronenburg has been applauded by Proposition 8 supporters. According to Dronenburgh’s petition, “county clerks carry out their duties, including the issuances of marriage licenses, without supervision or control of the governor or attorney general. Indeed, no statute requires county clears to report to the governor or attorney general.”
Since Prop 8 was ruled unconstitutional, the filing does not expect to affect the constitutional rights of same-sex couples according to state Attorney General Kamala Harris who states that “the federal injection is still in effect, and it requires all 58 counties to perform same-sex marriages. No exceptions.”
Proposition 8 sponsors and supporters are not expected to give up without a fight and hope other county clerks, like Dronenburg, will step up as well.
The state high court has provided time for additional written arguments to be made. The deadline is August 1.