California county clerk to refuse all marriage ceremonies days before gays may wed

[Robbien]

Source: AP

BAKERSFIELD, California (AP) - A county clerk in California says she will stop performing all marriage ceremonies shortly before a state Supreme Court order legalizing same-sex marriage takes effect.

A newspaper says the move came after the clerk received advice from Kern County lawyers who said marriages cannot be performed in a discriminatory fashion.

Clerk Ann Barnett said Wednesday she would not have the staff or space to deal with an increase in licenses and ceremonies. She plans to stop all ceremonies starting June 13 _ three days before gay couples may legally wed.



Read more: http://www.pr-inside.com/california-county-clerk-to-refuse-all-r629837.htm

---

The local paper news story:

Californian exclusive: Clerk went to great lengths to get out of same-sex ceremonies
http://www.bakersfield.com/102/story/464269.html

Kern County Auditor-Controller-County Clerk Ann Barnett repeatedly tried to avoid licensing and performing marriage ceremonies for same-sex couples, interviews and e-mails obtained by The Californian show.

At her request, County Counsel Bernard Barmann filed a brief with the California Supreme Court opposing implementation of the May 15 ruling allowing gay marriage.

She tried to resign her elected position as county clerk — while keeping her positions as auditor-controller and elections boss. “She really wanted to get rid of it,” Barmann said.

And finally, when the ruling came down Wednesday that she had to license same-sex marriages, she decided to stop performing all weddings. That involved canceling 25 heterosexual ceremonies that had been scheduled after June 13, according to her staff.

Barnett, who was elected in 2006, is not required by law to perform marriage ceremonies.

So when the California Supreme Court refused Wednesday to postpone legalization of gay marriage until voters decide the issue in November, Barnett’s office issued a press release stating “the County Clerk's office will not solemnize weddings after June 13, 2008. We will not have the staff or space to deal with an increase in both licenses and ceremonies.”

Barmann said he advised Barnett that she could not stop ceremonies in a discriminatory fashion.

“That would be a lawsuit before breakfast,” he said.

Much more at the link . . .

------------------------

Plus there is another article describing an interview with the clerk
http://www.bakersfield.com/1020/story/458603.html

[izquierdista]

1. Ann needs some ruby slippers

So she can click her heels and say "There's no place like home, there's no place like home..."

[CreekDog]

36. there's no place like Bakersfield

:eyes:

(except for Buck Owens :applause:)

[olddad56]

72. a little piece of Texas, right here in California.

[ananda]

2. question

How can a clerk just decide not to follow
a Supreme Court order?

Important and petty officials sure take a
lot on themselves these days.. just refusing
to abide by the law, or court orders, or
subpeonas, or the Constitution.

[Robbien]

3. She finally said she will issue licenses, but will shut-down the performing of ceremonies

Couples will have to get married elsewhere.

Did you also note by the way, this is the person in charge of voting in her district.

[quakerboy]

45. Yup.

That Voting thing was the first thing I noticed. Auditor second. Wow. Glad I don't live there.

[jody]

4. Identical in principle to Sheriff John Green refusing to hold a court-ordered foreclosure auction.

See http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=3341526&mesg_id=3341526

[Robbien]

8. Oh sure, identical

One person not recognizing the law to help people keep their loved ones together and a roof over their heads. Motive: Decency and respect.

Another person not recognizing the law to make sure she keeps loving people apart. Motive: Bigotry.

[jody]

24. Sorry but both people refused to do their jobs as public employees. It's just that simple. n/t

[crikkett]

29. Not to defend the lady but Barnett is not required by law to perform w. ceremonies

only to issue licenses.

So only one person, the sherriff, broke the law.

[jody]

38. Newspapers said Barnett tried to avoid licensing and that 's her job. n/t

[crikkett]

49. OK you win

[Book Lover]

30. From a simple-minded point of view, perhaps (nm)

[jody]

39. Truth is usually simple or as you say simple-minded. n/t

[hunter]

47. On the contrary, the truth is usually a complex thing.

That's the way this universe works.

Much evil is done by people who are acting on "simple" truths -- like "marriage is between a man and a woman."

Ann Barnett should simply resign if she can't see beyond her simplistic "truths." The reality of human sexuality and relationships is not so simple as she would like to believe.

[jody]

51. I agree Barnett should resign but the simple truth is you and I disagree. Have a nice day. n/t

[izquierdista]

40. It's too bad for you that Auschwitz is shut down

You would have a FINE career ahead of you there.

[yardwork]

66. ICE is operating plenty of containment centers - good job opportunities there.

[yardwork]

65. Intent is a valid criterion when evaluating actions.

[Zuiderelle]

33. Bullshit. One does it out of compassion, the other from hate.

Pretty easy to see which is which.

[bean fidhleir]

50. You know where you're making your mistake?

The sheriff is acting to benefit the people who are in a bad situation through little fault of their own. He's putting basic needs before profit. That's what laws and public officials should do.

The clerk is using what power she has to keep a group of people as second-class citizens, something neither the law nor public officials should ever, *ever* do.

[roody]

52. The Sheriff of Mendocino County

writes memos of public necessity and convenience so that mini mart owners can apply to sell beer and wine in spite of a State imposed moratorium on such licenses. I wish we had a Sheriff who puts people before corporate profits.

[bean fidhleir]

61. Are you glad he does it, or do you think he shouldn't, or what?

I can't tell. I can't think of any reason to restrict licenses other than as a Guaranteed Profits For The Few scheme, but maybe there's something I'm not seeing?

[roody]

62. We have enough alcohol outlets in Mendocino County,

contrary to the beliefs of the sheriff and his staff. That is why the State placed a moratorium---we have 1 minimart type license per 2500 residents. That is besides full alcohol liquor licenses. The alcohol lobby never sleeps.

[bean fidhleir]

63. Out of curiosity, what makes that number "enough" for you?

[roody]

64. It is way more than enough.

Zoning laws are made with some degree of wisdom.

[bean fidhleir]

68. Okay :-) can you tell me what makes it "way more than enough"?

I'm just trying to understand whether there's some general principle behind your position.

[xxqqqzme]

54. Identical??? I think not.

similar but not identical.

[robinlynne]

5. If you don't want to do your job, then quit sweety. Funny how the public servants

who don't want to go to war and kill innocent people get put in the brig, and those who don't want to enforce the people's laws don't.

[aquart]

6. She will now discover what the word "pressure" means.

Whichever party the dear creature belongs to needs to have a sitdown with her. Or on her. Whichever.

[jamesinca]

10. I looked on the voter registration for Kern Co.

I can only find one person with that name and Ann is her middle name. She is a registered Dem, but we do have a lot of very socially conservative Dems here in the San Joaquin Valley. Bakersfield is the 8th most conservative city in the US based on voting patters, voter registration, and the make up of city council etc....

[Tempest]

13. Ann is her first name

So it's not the same person.

[Zhade]

53. Let's just call "social conservatives" what they are - HATEFUL BIGOTS.

They deserve no sugarcoating.

[Spangle]

60. Public persons will not be listed

For safety reasons. This also includes TV persons, Judges, elected officals, etc.

That list contains alot of info that could put those folks in danger from a stalker. So their name is obmited from the list.

[melody]

7. She needs to be canned -- she's there to serve the people -- ALL the people

What an ass.

[Jack Rabbit]

55. It's up to you to can her, if I'm not mistaken

County Clerk is an elected official.

Please correct me if I'm wrong.

[melody]

56. It's elected but there are special circumstances for removal

Abrogation due to refusing to do one's job is one of them.

[Jack Rabbit]

57. It looks like she's got that covered

She got the advice of an attorney and she's doing what he said.

She has to issue marriage licenses (and she will, whether she likes it or not), but she doesn't have to perform marriage ceremonies as long as she performs none at all.

I don't like her solution to the problem she's created for herself, but it doesn't sound illegal. So, you folks in Kern County will have to wait until she runs for re-election and organize some opposition.

Sorry.

[melody]

59. Not in Kern County though my son lived there

She's a moron. And she has to live in her own head.

[Tempest]

9. If you want to read the hilarity of it all

Go to http://people.bakersfield.com/home/RecentBlogs and read the different blogs on the story.

Here's a few:
http://people.bakersfield.com/home/Blog/bakosphere/27936
http://people.bakersfield.com/home/Blog/politicsanyone/27903
http://people.bakersfield.com/home/Blog/politicsanyone/27877

Be warned though, there are a lot of ignorant religious rightwingers who post in the blogs. There are also a few intelligent articulate Liberals as well. They will make you proud.


She's lying about the reason for stopping all ceremonies and has solicited legal representation from a religious rightwing organization.

She said the county can't afford to perform the ceremonies, but the county MAKES money on each one.

She can deputize citizens to perform the ceremonies, but refuses to.

[Robbien]

15. I am glad someone clicked through to the articles at Bakerfield

The articles and blogs were great and thoroughly researched.

No wonder the lady stopped answering her phone.

[niyad]

11. why does this woman still have a job? hey, lackbrain, you are an EMPLOYEE of WE THE PEOPLE--

YOU do not get to decide which part of your job you are going to perform and which part you don't like, you arrogant nit.

[Tempest]

12. Because like a majority of people who live in Kern County

She's a rightwing religious whack job.

I live here and have to put up with it every day.

[niyad]

18. I know what you mean. I live in one of the reddest counties in the country

right now (there has not been a single democrat on the county commission in the last 35 years, and only one on city council in at least 15) PLUS we have fungus on the family and new life and a host of other reichwing religious nutters (including the ones at the AFA) to contend with.

[Believing Is Art]

14. Not surprised.

I spent a summer in Rosamond in Kern County. The whole area is pretty conservative. I'm not sure that it can be directly attributed to the military presence, but it's probably a factor.

[Tempest]

16. It's more because of the agriculture

The military presence is in the far corner of Kern County and really doesn't have an effect on Bakersfield, the population center.

[Believing Is Art]

22. True

Easy to forget there are actually fertile areas in that county when you're in the middle of the Mojave.

[Tempest]

23. It won't be fertile for long

If this drought keeps up.

And if the global warming patterns continue, the entire valley will be desert in just a few decades.

[DeSwiss]

17. This sounds to me to be a justification....

...for her removal from office.

If California elects county clerks as most states do, then her responsibilities are mandated as a part of her duties under state law. A failure on her part to exercise her duties as a county clerk would therefore constitute "just cause" for her removal. So she's probably going to get slapped with a lawsuit, either way.

- I hope the good citizens of California can her ass, right away....

K&R

[niyad]

19. k & r

[FiveGoodMen]

20. There's so damned much of this -- refusing to do their job because of their xtianity

Maybe it's time that everyone signs a doc saying they'll do their motherfucking job or face immediate dismissal.

[4_Legs_Good]

27. Agreed! JFK said when running in 1960 that if he ever got to a point where his religion and his job

conflicted, he would resign his position.

It is the only sensible option (assuming that you really believe your Christianity requires you to be a bigot).

David

[Rob H.]

21. I wish *I* had a job where I could refuse to carry out

some of my core responsibilities and still not get fired. Must be nice. :sarcasm:

[LiberalFighter]

25. Family Code Section 400-402

400. Marriage may be solemnized by any of the following who is of the age of 18 years or older:

(a) A priest, minister, or rabbi of any religious denomination.
(b) A judge or retired judge, commissioner of civil marriages or retired commissioner of civil marriages, commissioner or retired commissioner, or assistant commissioner of a court of record in this state.
(c) A judge or magistrate who has resigned from office.
(d) Any of the following judges or magistrates of the United States:
(1) A justice or retired justice of the United States Supreme Court.
(2) A judge or retired judge of a court of appeals, a district court, or a court created by an act of Congress the judges of which are entitled to hold office during good behavior.
(3) A judge or retired judge of a bankruptcy court or a tax court.
(4) A United States magistrate or retired magistrate.

(e) A legislator or constitutional officer of this state or a member of Congress who represents a district within this state, while that person holds office.

401. (a) For each county, the county clerk is designated as a commissioner of civil marriages.
(b) The commissioner of civil marriages may appoint deputy commissioners of civil marriages who may solemnize marriages under the direction of the commissioner of civil marriages and shall perform other duties directed by the commissioner.

402. In addition to the persons permitted to solemnize marriages under Section 400, a county may license officials of a nonprofit religious institution, whose articles of incorporation are registered with the Secretary of State, to solemnize the marriages of persons who are affiliated with or are members of the religious institution.The licensee shall possess the degree of doctor of philosophy and must perform religious services or rites for the institution on a regular basis. The marriages shall be performed without fee to the parties.

[cstanleytech]

26. Can she be terminated/impeached or is she pretty much secure until

the next election or until her contract if any is up?

[Tempest]

28. She's secure

There wouldn't be enough support to recall her.

[muriel_volestrangler]

31. Let's hear it for Rev. Byrd Tetzlaff of Unitarian Universalist Fellowship

And Molly McKay, though it's unclear who she is.

Rev. Byrd Tetzlaff of Unitarian Universalist Fellowship of Kern County said she will be at the office that morning from 8 a.m. until her energy runs out. She said she will perform weddings for free until Nov. 4.

“I would like people to know that I’m more than willing to do this,” she said. “Justice for one is justice for all, and I’m glad California is open to this.”

Molly McKay said she will perform free wedding services at the office “as long as couples are coming.” Although McKay has officiated two weddings for friends, she said she is looking forward to gaining more experience with these ceremonies in the coming months.

Now that's public service. Barnett, on the other hand is the actual threat to heterosexual marriage. Pity those 25 couples who've had their weddings cancelled.

[Zuiderelle]

32. My goodness, they really hate us don't they.

People like that. They should fire her immediately.

[Fearless]

34. Oh I love CA all over again.

[CreekDog]

35. as if i needed another reason to *not* stop in Bakersfield

:rofl:

[gaspee]

37. I think the sun

turned her brain into a raisin - her higher reasoning functions have been destroyed.

[santamargarita]

41. Who in the Hell goes to BAKERSFIELD?

-

[Dont_Bogart_the_Pretzel]

42. Goodgreef

does she think there will a flood of same-sex ceremonies? Like a ton of gays gonna get married on June 13., really.

[Gormy Cuss]

43. In contrast, the clerk in my CA county plans to issue the first license to himself and his partner.

For 18 years, Stephen Weir has been in charge of the office that hands out marriage licenses in California's ninth-largest county. And for just as long, Weir has been unable to get a license himself because the love of his life is a man.

The irony did not escape him.

"Always the bridesmaid, never the bride," he quips with a rueful smile.

So Weir hopes the citizens of Contra Costa County understand if their clerk-recorder invokes executive privilege and opens up for business a little early on June 17, when same-sex couples may be able to legally wed in California.

Contra Costa is in the SF Bay area but it's the second most conservative county around here.

http://abcnews.go.com/US/wireStory?id=4968975

[RexDart]

48. About the same in Santa Cruz.

County Clerk Gail Pellerin said Thursday that her office has set aside 80 time slots from 8 a.m. to 8 p.m. on June 17 for same-sex couples to apply for a license and be married at the County Government Center. June 17 is the first day the state said same-sex marriages will be allowed.

Same-sex couples who want to be married that day may call or visit the clerk's office in person to make an appointment. The office will not accept e-mail requests, Pellerin said.

Time slots will be awarded on a first-come, first-served basis, and if more than 80 couples make appointments, Pellerin said she will set up the same schedule for June 18.

Pellerin, a longtime advocate of changing the marriage law to include same-sex couples, said she isn't sure how many people to anticipate June 17.

"This is uncharted territory," she said. "It's something to celebrate."

http://www.santacruzsentinel.com/ci_9499231

[Smokey72]

44. Email her county board of Supervisors

I emailed the Kern County Board of Supervisors asking for her resignation. They will be sued for sure, and I hope the voters of Kern County make their voices known come re-election time and not let any of these idiots back in office. What a waste of public funds trying to defend this decision in court which they will lose. I'm disgusted that this twit thinks she has more power than the CA Supreme Court, can anyone say Kathleen Harris? What's Kathleen Harris doing these days anyway?

[AntiFascist]

46. I knew there was reason Bakersfield was called....

the armpit of California. My apologies and sympathies to any gay people who happen to live in Bakersfield.

[Carnea]

58. She should not serve those forclosure papers.

Throwing those poor people who didn't pay there mortgage out in the cold. Think of the children. I'm glad at least one public official is willing to break the law to do what is right......

Okay hold on this isn't the sheriff in Pennsylvania???? Oh a clerk in Bakersfield California....


Won't marry Gays????What refusing to enforce the law. She is a horrible person how dare she impose her views on others. Do your job or quit and let someone else do it for you.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x3341526

(I saw both these topics and was struck by how similar they really are.)

Oh she should be arrested for not fulfilling her constitutional duties and honestly sop should the sherrif in PA. No point in having oaths if we are not willing to enforce them.

[yardwork]

67. ICE is looking for employees like you. No compassion, no morality, willing to do what you're told.

[bean fidhleir]

69. The mistake you're making is the one of believing that all laws are equal

The sheriff is putting human needs before profit. Which is what all laws and government officials should do.

The clerk is putting religion (I suppose) before human rights, trying to keep a certain group of people second-class citizens. That's something NO law or government official should EVER do.

See the difference?

[Carnea]

70. I see the difference and that is my judgment as well.

But once you give public officials the ability to enforce the rules as they believe rather than as they are written chaos ensues.

Not all public officials agree with us and not all of them have the public interest in mind.

Not to mention what the sheriff is doing is counterproductive and hurting the people he is trying to help. No one will write a mortgage in that county if the law isn't enforced which means innocent people are going to be trapped in their homes without jobs and others will be unable to rent or buy and become homeless because of this man.

Not all mortgages are written by banks. This policy will ruin a lot of good hardworking Democrats

I have no doubt the Sheriff has good intentions but bad unintended consequences are likely the result of his actions.

[bean fidhleir]

71. Those who take the side of the profiteers should get the sack.

And you're right that not all mortgages are written by banks. But aside from the Contract For Deed kind, they're all written by companies whose backers can well afford to wait. Working-class people don't write mortgages - where would we get a spare hundred thou or so? And anyone who's a "good Democrat" should be working on saving people, not screwing them.

[Zuiderelle]

73. What is it with all these people who've just joined comparing these two totally different situations

Oh yeah, never mind... it's pretty obvious.