SAN FRANCISCO — California’s chief law enforcement officer urged the state high court Monday to refuse once again to stop same-sex marriages while the justices consider a legal bid to revive Proposition 8, the 2008 ballot measure that banned gay nuptials.
Atty. Gen. Kamala D. Harris, responding to a request filed Friday by San Diego County Clerk Ernest J. Dronenburg Jr., told California’s top court that stopping gays from marrying now would amount to an unconstitutional interference with a federal court order.
“The public interest weighs sharply against issuing a stay in this case,” Harris’ office argued. “After years of litigation, there is now a final determination that Proposition 8 is unconstitutional.”
Dronenburg urged the California Supreme Court to rule that Gov. Jerry Brown and other statewide officials lack supervisory powers over elected county clerks, who issue marriage licenses, and may not order them to stop enforcing Proposition 8.