San Francisco, Calif., Jul 16, 2013 / 01:09 am
Proposition 8 backers have filed a legal brief saying that the ballot measure defining marriage as a union of a man and a woman still has legal force in California, alleging that state officials incorrectly acted in response to the recent Supreme Court decision on it.
"The U.S. Supreme Court did not rule on the constitutionality of Proposition 8, and the district court's injunction does not apply statewide; therefore, county clerks should abide by the state constitution," said Austin R. Nimocks, senior counsel with the Alliance Defending Freedom.
The Washington, D.C.-based legal group said July 12 that California State Registrar Tony Agurto wrongly ordered all county clerks to issue marriage licenses to same-sex couples in violation of state law after the June 28 U.S. Court of Appeals for the 9th Circuit lifted its stay of a district court's injunction against Prop. 8, which passed in the 2008 elections.
The group said that the registrar does not have the authority to make such orders to county clerks and California Attorney General Kamala Harris was therefore wrong to threaten legal action against clerks who decline to follow the order.