UPDATE: 5:10 pm: This post has been updated with a comment by the County Assessor.
UPDATE: 6:15 pm: This post has been updated with a comment by the State Attorney General.
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San Diego County Assessor/Recorder/Clerk Ernest J. Dronenburg has filed a petition with the California Supreme Court challenging the State of California order to all county clerks ordering the issuance of marriage licenses to same-sex couples.
The online case summary, listed as Dronenburg v. Governor Jerry Brown, shows the case being initiated today. The brief description is noted as “Petition for writ of mandate/prohibition with request for stay file.” A copy of the full filing is not online as of this writing, but the Freedom of Conscience Defense Fund, representing Dronenburg, responded to SD Rostra with the following statement…
Based on a District Court order invalidating Proposition 8, the voter-approved amendment to California’s Constitution defining marriage as the union of one man and one woman, California’s county clerks have been instructed by the State Registrar to issue marriage licenses to same-sex couples. The California Constitution prohibits officials from refusing to enforce a law on the grounds that it is unconstitutional, however, unless an appellate court has made that determination. Because the United States Supreme Court’s decision in Hollingsworth v. Perry vacated the Ninth Circuit’s decision only, there is no appellate decision holding that Proposition 8 is unconstitutional. As a result, Proposition 8 is still good law, and the District Court injunction against should apply only to the parties in that case. Accordingly, San Diego County Clerk Ernest Dronenberg has asked the California Supreme Court for clarification of the scope of his duty in issuing marriage licenses.
“I want clarity and certainty,” Dronenburg said, “and I want the California Supreme Court to provide those things. The court needs to address the jurisdictional issues. There are 20 counties filing briefs — I am just one. I’m issuing licenses and will continue to do so, but this issue will never end until the court provides finality.”
California Attorney General Kamala D. Harris issued a statement in response to Dronenburg’s petition, saying, “The filing offers no new arguments that could deny same-sex couples their constitutionally protected civil rights. The federal injunction is still in effect, and it requires all 58 counties to perform same-sex marriages. No exceptions.”
A message seeking a statement was also left for attorney Charles Limandri with the Freedom of Conscience Defense Fund.