Hollingsworth v. O’Connell

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Wednesday, August 14, 2013

Description:  Alliance Defending Freedom attorneys representing the official proponents of Proposition 8 have asked the California Supreme Court to order the state’s county clerks to enforce the state’s marriage amendment. The U.S. Supreme Court’s June 26 decision in Hollingsworth v. Perry did not rule on Proposition 8’s constitutionality, and the district court’s 2010 injunction does not apply statewide. Immediately after the U.S. Court of Appeals for the 9th Circuit lifted its stay of the district court order on June 28, California State Registrar Tony Agurto ordered all county clerks to begin issuing marriage licenses in violation of state law. Even though the registrar does not have the authority to issue such orders to county clerks, California Attorney General Kamala Harris publicly stated that she will take legal action against any clerk who declines to follow the registrar’s directive.

Calif. Supreme Court dismisses Prop. 8 case

Wednesday, August 14, 2013

The following quote may be attributed to Alliance Defending Freedom Senior Counsel Austin R. Nimocks regarding the California Supreme Court’s decision Wednesday in Hollingsworth v. O’Connell to deny the petition to uphold the state’s voter-approved marriage amendment:

“Elected officials should enforce the law. Though the current California officials are unwilling to enforce the state constitution, we remain hopeful that one day Californians will elect officials who will. It is unfortunate that the California Supreme Court chose not to decide the important, still-unresolved questions about the enforcement of Proposition 8, the law of the land in California. Regrettably, an executive branch that has turned a blind eye to the enforcement of its state’s constitution has silenced more than 7 million Californians who clearly expressed their views about marriage. The court’s decision today, however, does not end the debate about marriage in California.”

Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.
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Additional resources: Hollingsworth v. O’Connell

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Wednesday, August 14, 2013

Previous news releases:

  • 2013-08-01: Prop. 8 proponents answer objections to clerks enforcing constitution, rule of law
  • 2013-07-15: CA Supreme Court case concerning Prop. 8 moves forward without stay
  • 2013-07-12: Prop. 8 proponents ask Calif. Supreme Court to uphold rule of law

Historical resources:

Map: The State of Marriage (click on image for PDF)

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