Both sides in the battle over Prop 8 have until 5:00pm Pacific today to file papers with District Court Judge Vaughn Walker on whether he should lift or continue the temporary stay on his Prop 8 ruling. The stay remains in effect until he rules.
Gov. Arnold Schwarzenegger and Attorney General Jerry Brown filed motions opposing the stay.
On Wednesday, Walker found Prop 8 unconstitutional in the case of Perry v. Schwarzenegger and enjoined the defendants – the governor and agencies of the state of California and the Clerk-Recorders for Alameda and Los Angeles counties from enforcing Prop 8.
But Dean Logan, the Registrar-Recorder/ County Clerk for Los Angeles County, who was named in the lawsuit, is prepared to issue marriage licenses and Tom West, the Clerk of the City of West Hollywood, is preparing to have weddings performed in that city – as soon as the order is lifted – if it’s lifted.
DEAN C. LOGAN
Registrar-Recorder/County Clerk, Los Angeles County told me:
“My office is definitely following all developments concerning the ruling and subsequent order to stay judgment. We plan to take immediate action to implement the court’s orders if the stay is lifted and judgment is entered. Operations wise the department is ready to issue same sex marriage licenses, our marriage license forms would not need to be altered and I have directed management staff to prepare for possible implementation.
We have received a number inquiries from members of the public regarding marriage licenses and also to volunteer as deputy commissioners of civil marriages. At this point we can only wait to see what action the court makes.”
Tom West says that he is working to have West Hollywood city councilmembers deputized on Monday in case the window in which to perform same sex marriages is short. “We’re hoping to perform same sex marriages as fast as we can,” West told me.
For local residents, West suggests applying for a marriage license online through the LA County Registrar’s office - and then going to the Beverly Hills Courthouse office to pick up the license. That’s at 9355 Burton Way in Beverly Hills, 90210. Their hours are 8:30-3:00pm Monday-Friday.
West said he is also preparing to have marriages performed at West Hollywood City Hall (pictured), which is 1.3 miles from the Beverly Hills Courthouse. He requests that people call to say they are coming so he can schedule the ceremonies: 323-848-6409.
Meanwhile, both Gov. Arnold Schwarzenegger and Attorney General Jerry Brown filed motions opposing the stay. As Equality California Executive Director Geoff Kors said in a piece in the Huffington Post, Brown’s opposition to Prop 8 is critical, considering that his opponents in the November elections, Meg Whitman, would order the Attorney General to fight to uphold Prop 8. LA County District Attorney Steve Cooley also said he would fight to uphold Prop 8. He is running for AG against San Francisco DA Kamal Harris.
Kors says of Brown’s opposition to the stay:
“We are truly grateful to Attorney General Brown for opposing a stay in this landmark case, as there is simply no valid reason to deny a loving same-sex couple the freedom to marry. With the State of California opposing a stay, there is no justification for not resuming marriages for same-sex couples immediately. Brown has long fought for all Californians to enjoy equality and the constitutional protections promised to each of us. As we stand at a historic crossroads, we need a leader who strives to unite Californians and who shuns the destructive politics of division. With his tremendous leadership, Brown has demonstrated why he should be our state’s next governor.
Equality California will stand firmly with Brown in his candidacy for governor, just as he has stood with our community and on the side of justice.”
Here’s the conclusion of Schwarzenegger’s motion:
“The United States Supreme Court has cautioned lower courts against “reflexively holding a final order in abeyance pending review.” Nken, 129 S. Ct. at 1757. Such caution is warranted here. Allowing this Court’s judgment to take effect, and denying the extraordinary relief of a stay, furthers California’s vital interest in respecting the relationships of same-sex couples and does not burden any governmental interest. Accordingly, the Administration respectfully requests that the Court deny defendant-intervenors’ motion for stay pending appeal.”
Here’s Brown’s motion:
“The Attorney General opposes Defendant-Intervenors’ Request for a Stay of this Court’s August 4, 2010 Order permanently enjoining the application or enforcement of Proposition 8 pending appeal of that Order. As the Attorney General has consistently stated and as was convincingly demonstrated at trial, Proposition 8 violates the Fourteenth Amendment of the United States Constitution. Defendant-Intervenors thus cannot demonstrate a likelihood of success on the merits in their appeal of this Court’s Order. Moreover, as this Court has concluded that Proposition 8 is unconstitutional, the public interest weighs against its continued enforcement. Defendant-Intervenors’ argument that the Attorney General’s opposition to Plaintiffs’ initial request for a preliminary injunction supports their request for a stay pending appeal ignores the fact that there has now been a trial on the merits that conclusively demonstrated that Proposition 8 is unconstitutional. In opposing the request for a preliminary injunction, the Attorney General argued that “the parties, the Court, and, indeed, the general public would benefit” from having the constitutionality of Proposition 8 “decided on the merits following full briefing and argument by the parties.” (Attorney General’s Opposition to Plaintiffs’ Motion for
Preliminary Injunction at 11–12.) That has now occurred. And while there is still the potential for limited administrative burdens should future marriages of same-sex couples be later declared 12 invalid, these potential burdens are outweighed by this Court’s conclusion, based on the overwhelming evidence, that Proposition 8 is unconstitutional. Accordingly, the harm to the plaintiffs outweighs any harm to the state defendants.
There is now a final determination that Proposition 8 is unconstitutional. Each of the four 16 factors this Court must consider in determining whether a stay is warranted weigh against a stay. See Golden Gate Rest. Ass’n v. San Francisco, 512 F.3d 1112, 115 (9th Cir. 2008). Accordingly,the Attorney General respectfully requests that Defendant-Intervenors’ request for a stay pending appeal be denied.”
West Hollywood just issued this press release:
West Hollywood City Clerk Issues Update on
Same-Sex Marriage Ceremonies in West Hollywood
WEST HOLLYWOOD – The recent historic ruling made by U.S. District Court Chief Judge Vaughn R. Walker which held that California’s Proposition 8 is unconstitutional, has created an overwhelming interest in same-sex marriages. The City of West Hollywood is gearing up for the possibility of the U.S. District Court lifting its stay on same-sex marriages. In conjunction with Los Angeles County, the City of West Hollywood is preparing to officiate same-sex marriage ceremonies once the stay is lifted.
“The City of West Hollywood is working closely with the Los Angeles County Register-Recorder/County Clerk,” said West Hollywood City Clerk Tom West. “At this point the final entry of the judgment regarding Proposition 8 has been stayed by the U.S. District Court. Both Los Angeles County and the City of West Hollywood are auditing developments with the Court Order and will keep the public abreast of all new updates,” continued Tom West.
“I am ecstatic that people who love each other will again have the opportunity to marry,” said West Hollywood Mayor John Heilman. “Judge Vaughn R. Walker’s ruling is a tremendous milestone for LGBT people and all Californians. We may again join with L.A. County to perform marriage ceremonies,” continued Mayor John Heilman.
“Now that our right to due process and equal protection has been reaffirmed by our courts, it is time to resume the issuance of marriage licenses and be part of such an important part of people’s lives as it is marriage” said Mayor Pro Tempore John J. Duran. “West Hollywood has been a place of tolerance, in which LGBT people have not only been accepted but also embraced; thus, it is a natural place for people to marry,” added Mayor Pro Tempore Duran.
The City of West Hollywood was one of the first cities in the country to pass a resolution in support of same-sex marriage. The City has been one of the most ardent and vocal advocates for the legal rights of same-sex couples and the right to marry, both in and outside its City boundaries. Since 1995, the City Council has passed almost a dozen resolutions supporting progressive
domestic rights initiatives, and condemning the opposite, in various states and on the federal level.
The California Supreme Court ruled on May 15, 2008 that same-sex couples had the right to wed. From June 17 until Nov. 4, 2008, the City of West Hollywood issued more than 1,000 same-sex marriage licenses and performed more than 600 marriage ceremonies. When Proposition 8 was passed by the state of California in November 2008, the law was overturned and same-sex marriages were no longer allowed. In May 2009, the California
Supreme Court made a devastating ruling that upheld Proposition 8 and reinstated the ban on same-sex marriage in California and halted all same-sex marriages in the state. The marriages granted during this time period, however, remain legally recognized.
For updates regarding the status of marriage equality and the issuance of same-sex marriage licenses, please contact Tom West, West Hollywood City Clerk at (323) 848-6408.
Read More →