Nevada County Clerk-Recorder Update on Supreme Court Decision Regarding Same Sex Marriages

Published on May 16, 2008 - 10:20:39 AM

By: Gregory Diaz, Nevada County Clerk-Recorder

Nevada City May 16, 2008 - On May 15, 2008, the California Supreme Court determined that current statutes limiting the designation of marriage to a union "between a man and a woman" is unconstitutional and must be stricken from the statute, and that the remaining statutory language must be understood as making the designation of marriage available both to opposite-sex and same-sex couples.

The Court decided that the Court of Appeals shall issue a writ of mandate directing the appropriate state officials to take all actions necessary to ensure that county clerks and other local officials throughout the state, in performing their duty to enforce the marriage statutes in their jurisdictions, apply those provisions in a manner consistent with the decision of this court.

The decision becomes final in thirty (30) days. A petition for rehearing must be filed within fifteen (15) days, and must be ruled on before the decision is final. "Our office will be receiving direction from the California Office of Vital Records on implementing this ruling," said Gregory J. Diaz, Nevada County Clerk-Recorder and Commissioner of Civil Marriages. "Until that direction comes, we are not able to issue marriage licenses to or perform ceremonies for same gender couples." Mr. Diaz will keep the community informed of the state's progress in implementing the court's decision.

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