Los Angeles County officials will not give out same-sex marriage licenses until a federal appeals court takes action to permit the unions to begin.
The order by the Supreme Court instructs the 9th Circuit Court of Appeals to lift its stay on the original ruling in 2010 by U.S. District Judge Vaughn R. Walker that found Proposition 8 was unconstitutional. The appellate court put a hold on Walker’s decision pending the resolution of the legal fight.
Wednesday’s Supreme Court decision paved the way for gay marriages to resume in California, ruling the private sponsors of Proposition 8 did not have legal standing to appeal after the ballot measure was struck down by a federal judge in San Francisco.
Dean Logan, the Los Angeles County clerk, said he is awaiting instructions from the 9th Circuit Court of Appeals before his office begins issuing licenses and performs ceremonies for same-sex couples.
“The lower court must now take action to lift the stay before we can issue marriage licenses based on the decision,” a statement from Logan’s office said. “Upon direction, the Los Angeles County registrar-recorder/county clerk will begin issuing licenses and performing ceremonies for same-sex couples.”
San Francisco officials said its county clerk’s office will offer marriage licenses on the first day the Supreme Court decision is effective.
Andy Pugno, chief counsel for ProtectMarriage, signaled an upcoming fight to limit the reach of Walker’s injunction.
“While it is unfortunate that the court’s ruling does not directly resolve questions about the scope of the trial court’s order against Prop 8, we will continue to defend Prop. 8 and seek its enforcement until such time as there is a binding statewide order that renders Prop. 8 unenforceable,” Pugno said.