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Published On: Thu, Jun 27th, 2013

Supreme Court doesn’t rule on Prop 8, so gay marriage resumes in California

The Supreme Court stated that it could not rule on a challenge to Proposition 8, a ban on gay marriage in California passed by voters there in 2008, because supporters of the ban lacked the legal standing to appeal a lower court’s decision against it.

Teachers threatened a work stoppage or protsts to stop Rick Santorum from speaking at their school. They said his stance on marriage is 'extreme.' Photo/Fibonacci Blue via wikimedia commons

Teachers threatened a work stoppage or protsts to stop Rick Santorum from speaking at their school. They said his stance on marriage is ‘extreme.’ Photo/Fibonacci Blue via wikimedia commons

The court did not rule on the constitutionality of gay marriage, but the effect of the decision will be to allow same-sex marriage to resume in California. That decision was also 5-4, written by Chief Justice John Roberts.

“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,” Chief Justice John Roberts wrote in the majority opinion. “We decline to do so for the first time here.”

Roberts was joined in his majority opinion by Justices Ruth Bader Ginsburg, Antonin Scalia, Stephen Breyer and Elena Kagan. Justice Anthony Kennedy filed a dissenting opinion, joined by Justices Clarence Thomas, Samuel Alito and Sonia Sotomayor.

The judgement of the U.S. Court of Appeals for the Ninth Circuit was vacated and the case remanded with instructions to dismiss the appeal for lack of jurisdiction. While California will likely begin issuing marriage licenses to same-sex couples

California Gov. Jerry Brown (D) has called for gay marriages to resume in the state following the Supreme Court’s decision on Proposition 8:

“After years of struggle, the U.S. Supreme Court today has made same-sex marriage a reality in California. In light of the decision, I have 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,” said Governor Brown.

The effect of today’s U.S. Supreme Court ruling is that the 2010 federal district court’s decision that Proposition 8 is unconstitutional is left intact and the law cannot be enforced.

In response, the Governor has directed the California Department of Public Health to advise county officials today that the district court’s injunction against Proposition 8 applies statewide and that all county clerks and county registrar/recorders must comply with it. However, same-sex Californians will not be able to marry until the Ninth Circuit Court of Appeals confirms the stay of the injunction, which has been in place throughout the appeals process, is lifted.

In preparation for this outcome, Governor Brown sought an opinion from California Attorney General Kamala D. Harris on whether the state, through the California Department of Public Health, can advise county clerks and registrar/recorders that they are bound by the federal district court’s ruling that Proposition 8 is unconstitutional.

The Attorney General concluded that the California Department of Public Health “can and should” instruct county officials that they “must resume issuing marriage licenses to and recording the marriages of same-sex” couples. The Department will issue another letter to county officials as soon as the Ninth Circuit Court of Appeals confirms the stay is lifted.

 

 

 

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About the Author

- Writer and Co-Founder of The Global Dispatch, Brandon has been covering news, offering commentary for years, beginning professionally in 2003 on Crazed Fanboy before expanding into other blogs and sites. Appearing on several radio shows, Brandon has hosted Dispatch Radio, written his first novel (The Rise of the Templar) and completed the three years Global University program in Ministerial Studies to be a pastor. To Contact Brandon email [email protected] ATTN: BRANDON

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  1. Bert and Ernie from Sesame Street star on New Yorker’s cover featuring gay marriage - The Global Dispatch says:

    […] The New Yorker went ahead and stuck its nose in Sesame Street’s business on Friday with their new cover in the wake of the Supreme Court’s rulings on DOMA and Prop 8. […]

  2. CHRISTOPHER ALLEN HORTON says:

    SINCE SLAVERY, RELIGION SERVES AS A “PSYCHOLOGICAL SAVIOR” FOR THOSE NEGROES WHO FEEL A NEED FOR A “CRUTCH” IN ORDER TO COPE WITH THE STRESSES OF PERCEIVED DISCRIMINATION. FOR NEGRO HOMOSEXUALS SERVING AS CHOIR DIRECTORS, CHOIR MEMBERS, MUSICIANS AND MEMBERS OF USHER-STAFFS PROVIDE MECHANISMS FOR ILLUSTRATING THEIR DEVOTION TO THEIR “god,” WHILE SIMULTANEOUSLY EXISTING IN SILENCE WHEN PASTORS PUBLICALLY SAY HOMOSEXUALS ARE GOING TO “hell.” IN THE NEGRO CHURCH, WEDDING CEREMONIES ARE PUBLIC CELEBRATIONS ENJOYED BY FAMILY AND THE OVERALL CHURCH CONGREGATION.

    YET, NEGRO HOMOSEXUALS ARE “PLACING THE CART BEFORE THE HORSE;” MOST NEGRO HOMOSEXUALS ARE STILL IN THE “CLOSET.” THE gay-rights agenda IS A CAUCASIAN AGENDA. MANY CAUCASIAN HOMOSEXUALS ARE “OUT,” THEREFORE, THEY HAVE THE LUXURY OF CREATING INSTITUTIONS LIKE gay/lesbian community-centers, student unions, etc. BECAUSE NEGRO HOMOSEXUALS HAVE NO INSTITUTIONS OF THEIR OWN, THEY PARTICIPATE IN CAUCASIAN ORGANIZATIONS AND MERELY “GO WITH THE FLOW.” A RECENT EXAMPLE IS THE GREENWICH VILLAGE VIGIL HELD FOR SLAIN NEGRO HOMOSEXUAL, Mark Carson. THIS CAUCASIAN-SPONSORED VIGIL DID NOT TAKE INTO ACCOUNT THE FEELINGS OF Mr. Carson’s immediate family – WHO PROBABLY WANTED TO PLACE ITS OWN “SPIN” ON HOW Mr. Carson WAS KILLED TO EXTENDED FAMILY MEMBERS AND LIFELONG FRIENDS [“Mark was killed by someone who robbed him,” OR, “Mark was killed by a jealous husband/boyfriend who caught him in bed with his woman,” ETC.]. BY CAUCASIANS HAVING SUCH A PUBLIC DECLARATION OF Mr. Carson BEING KILLED DUE TO gay-bashing, Mr. Carson’s family WAS ROBBED OF THEIR PRIVACY. [Many Negro homosexuals live heterosexual lives in the presence of family and lifelong friends].

    MY POINT IS, SAME-SEX MARRIAGE IS A CAUCASIAN INSTITUTION. SINCE MOST NEGRO HOMOSEXUALS ARE IN THE “CLOSET,” THEY ARE NOT READY FOR SUCH A STEP. SO, WHEN THE APPEALS-COURT’S STAY IS LIFTED IN LESS THAN TWENTY-FIVE DAYS AND SAME-SEX MARRIAGES RESUME IN CALIFORNIA MANY NEGRO HOMOSEXUALS WHO WILL GO TO THE COURT-HOUSE FOR LICENSES WILL FEEL AN “EMPTINESS” BECAUSE THEIR MARRIAGES COULD NOT BE CELEBRATED IN THE NEGRO CHURCH AND PERFORMED BY THEIR PASTORS [many of whom have already proclaimed they will not marry homosexual couples].

    SAME-SEX MARRIAGE IN CALIFORNIA WILL PROVE TO BE DELAYED HEARTACHE FOR NEGRO HOMOSEXUALS.

    CHRISTOPHER ALLEN HORTON

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