USA, California: What Happens Now With Marriage Equality?

Written by scott on June 27th, 2013

Prop 8 OverThanks to Andrew Sullivan at The Dish for tipping us to this great analysis from ScotusBlog from Marty Lederman:

1. When will the injunction take effect? A: When the court of appeals lifts the stay that it imposed on the district court’s judgment. The Supreme Court’s mandate to the court of appeals will not be issued for at least 25 days. As far as I know, however, the court of appeals does not have to wait for the Supreme Court’s mandate in order to lift its stay of the trial court’s injunction. And Attorney General Harris apparently has asked the court of appeals to lift the stay as soon as possible. Therefore the trial court’s injunction will presumably go into effect on Monday, July 22d at the latest . . . and perhaps earlier.

On the question of whether there will be any further delay:

Now that the injunction will finally go into effect, could there be a new challenge to the application of Judge Walker’s decision to non-party couples? If so, such a challenge presumably would come from either the named defendants (virtually inconceivable), or from a County Clerk who does not wish to issue a marriage license to a couple who were not plaintiffs in the Perry case. My tentative view is that such a County Clerk challenge is a very unlikely prospect, for several reasons: First, such a Clerk might be subject to the direction of the State Director of DPH as a matter of California law, and the Director might have the authority to forbid such a challenge and to direct the Clerk to issue the license. (Again, I am not sufficiently well-versed in California law to know for sure on this point.)

Hit the link above for the rest of the analysis. The money quote:

“Same-sex marriage in California is here to stay.”

 

1 Comments so far ↓

  1. Congratulations to the USA for this new step to reach equality in same-sex marriage. Hope more countries around the world could do the same. Congratualitions to http://www.gaytraveladvice.com friends in USA.

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