Nevada County clerk response to court decision
June 28, 2013
Gregory J. Diaz, Nevada County Clerk-Recorder and Commissioner of Civil Marriages today issued the following statement on the United States Supreme Court ruling on Proposition 8 (Hollingsworth v. Perry):
“As the Commissioner of Civil Marriages, I have begun to receive inquiries about the impact of the U.S. Supreme Court decision on same gender marriage. As I understand the order:
Because petitioners have not satisfied their burden to demonstrate standing to appeal the judgment of the District Court, the Ninth Circuit was without jurisdiction to consider the appeal. The judgment of the Ninth Circuit is vacated, and the case is remanded with instructions to dismiss the appeal for lack of jurisdiction. In other words, the backers of Proposition 8 did not have standing to challenge a lower court ruling that invalidated the law, effectively reinstating the lower court’s decision.
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.
Governor Brown has directed the California Department of Public Health (hereinafter, CDPH) 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 couples will not be able to marry until the Ninth Circuit issues a further order dissolving a stay of the injunction that has been in place throughout the appeals process. It is not known when the Ninth Circuit will issue this order, but it could take a month or more. County clerks and recorders shall not issue marriage licenses to same-sex couples until this order is issued.
The California Attorney General concluded that CDPH ‘can and should’ instruct county clerks that they ‘must resume issuing marriage licenses to and recording the marriages of same-sex couples’. CDPH will issue another letter to county clerks as soon as the Ninth Circuit Court of Appeals confirms the stay is lifted.
It is my commitment to all customers that we conduct business in a fair, courteous and professional manner that complies with all statutory rulings and requirements. It is the intent of the Department to comply with the decision of the Appellate Court as soon as the stay is lifted.”
For information regarding this press release, please contact our Assistant Clerk-Recorder Gail Smith at (530) 470-2740.