Stuff like this is what makes the law so confusing. Each state has the right to maintain its own laws regarding pretty much everything, yet federal laws can differ drastically and often do. Sometimes I think it would be better if federal law only pertained to the relationships of states among themselves and had nothing to do with personal matters. It’s just so contradictory and convoluted and confusing.
And while I hate that we don’t have full rights for marriage, I have to say that over-riding something that the voters in the state clearly voted for – this ban on gay marriage – doesn’t make me feel all warm and fuzzy about the law and the justice system. This is going to go on forever, ad nauseum. The voters spoke their mind, something typically a part of a democratic system, but then it’s just over-turned because the federal government thinks it’s wrong? Believe me, I want this to be a fight we win, but not like this.
SAN FRANCISCO — California’s highest court refused Tuesday to block the state from sanctioning same-sex marriages while it considers a petition arguing that a voter-approved gay marriage ban remains valid in all but two counties.
Without comment, the California Supreme Court rejected a request from the elected government official in charge of issuing marriage licenses in San Diego County for an order halting gay marriages, which resumed in the state last month for the first time since the ban passed in November 2008.
County clerk Ernest Dronenburg Jr. sought the stay on Friday. He also asked the seven-member court to consider his legal argument that same-sex marriages still are illegal in most of California, despite a U.S. Supreme Court decision widely regarded as having authorized them and the state attorney general’s assertion that clerks throughout the state must issue licenses to gay couples.
The U.S. Supreme Court cleared the way for same-sex marriages to return to the nation’s most populous state last month when it ruled that the sponsors of Proposition 8 lacked authority to appeal a federal trial judge’s decision that the ban violated the constitutional rights of gay and lesbian Californians.