A conservative Christian legal group on Thursday made a last-ditch effort to stop gay marriage from becoming legal in California by asking a midlevel appeals court to temporarily prohibit county clerks from issuing marriage licenses to same-sex couples.
The Virginia-based Liberty Counsel, in a petition with the 1st District Court of Appeal in San Francisco, argued that the wording of the California Supreme Court ruling legalizing gay marriages allows the lower court to set the terms and schedule for implementing the decision.
Liberty Counsel argued that the high court’s May 15 ruling put dozens of state laws addressing marriage into conflict and that the Legislature needs time to address those issues.
Barring any further legal intervention, gay couples will be able to start marrying in California at 5:01 p.m. Monday, when the Supreme Court’s decision becomes final. The ruling to legalize gay marriage overturned a decision by the Court of Appeal, which is therefore required to issue an order consistent with the high court’s 4-3 opinion.
San Francisco City Attorney Dennis Herrera called Liberty Counsel’s filing “absurd.” “I am not aware of a process in American law that enables parties to effectively appeal a higher court ruling to a lower court,” Herrera said.
Bwah ha ha.