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+--- Thread: Sworn to uphold the law... (/showthread.php?tid=56214)
Sworn to uphold the law... - RgrF - 06-07-2008
...but only if they agree with it.
Kern County's Ann Barnett and Merced County's Stephen Jones issued statements this week stating they will issue the new gender-neutral marriage licenses as required by law on June 17, but refused to preside over any of the ceremonies, citing space and staff constraints.http://www.dailynews.com/ci_9507206?source=rss_viewed
In Barnett's case, she plans to stop performing marriage ceremonies for all couples as of June 14.
Re: Sworn to uphold the law... - MacMagus - 06-07-2008
Where does the law say that clerks are obligated to authorize marriages?
Usually, the law says the opposite... that clerks have the right to refuse service at their discretion so long as the refusal doesn't violate a superseding law such as the Civil Rights Act.
It's one of those odd throwbacks to olden days when a town clerk ran pretty much everything and was the moral compass for his community.
I've encountered similar situations before, for example, when I went to get a license to officiate at marriages. Clerks may refuse to issue such a license at their discretion and they often do so on the basis of the applicant's professed faith.
I think it's offensive, but it is their historical provenance and privilege.
Re: Sworn to uphold the law... - RgrF - 06-07-2008
I cannot swear to this as pertains to California but I can tell you that County Clerks in other jurisdictions take an oath to uphold the laws within their jurisdictions. I'd be surprised if the California oath were any different or allowed for the discretion you seem to think the position carries.
Re: Sworn to uphold the law... - MacMagus - 06-07-2008
> I can tell you that County Clerks in other jurisdictions take an oath to uphold the laws...
In almost every case that I've seen, the enabling law says something like, "the clerk may make an order authorizing..." and NOT "the clerk shall authorize..."
Without the affirmative language, it's at the clerk's discretion.
Re: Sworn to uphold the law... - kap - 06-07-2008
From a never-been-married one: Do we need to have them presiding over the ceremonies in order to make the marriages legal under the law?
Re: Sworn to uphold the law... - RgrF - 06-07-2008
No.
Re: Sworn to uphold the law... - Black Landlord - 06-07-2008
Abolish all marriages to assure fairness to all . . . sounds like a Kurt Vonnegut story.
Re: Sworn to uphold the law... - Effin Haole - 06-09-2008
"Whoever did write this doesn't know the first thing about Kurt Vonnegut."
Re: Sworn to uphold the law... - Lux Interior - 06-10-2008
"and another thing, Vonnegut! I'm gonna stop payment on the check!"