SAN DIEGO – The San Diego County clerk’s request to temporarily halt same-sax weddings in California was denied by the state Supreme Court Tuesday.
Ernest Dronenburg said he filed the motion last week to clarify legal issues and protect gay and lesbian couples.
The move was to find out how June’s ruling by the U.S. Supreme Court on same-sex marriage affects voter-passed Proposition 8 and whether the decision applies to all of California, or just Alameda and Los Angeles counties, where the couples that challenged the ballot measure live, according to Dronenburg.
He said he also wanted to know whether county clerks, who are elected by voters, are independent or governed by state officials.
Proposition 8, which defines marriage in the state as between one man and one woman, was declared unconstitutional in rulings by lower courts. The U.S. Supreme Court did not rule on the law’s merits, but declared that backers of the ballot measure did not have standing to bring an appeal.
The state’s high court issued its denial without comment. State Attorney General Kamala Harris said Dronenburg’s petition did not bring up any new issues, and that all 58 counties were bound to issue marriage licenses to same- sex couples.