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Saturday, May 31, 2008

Calif. Clerks May Refuse Order to Issue Marriage Licenses to Homosexuals

According to WorldNetDaily, several clerks in California may follow the law and refuse to issue marriage licenses to homosexual couples.

The Campaign for Children and Families is urging clerks to follow the law, not the whim of activist judges.

"The judges and the governor are violating the Constitution and the statutes, but county clerks know they have a duty to follow the statutes, which haven't been changed yet. Clerks don't have to issue homosexual 'marriage' licenses, and they shouldn't," he said.

"We're asking that you please decline to issue marriage licenses to same-sex couples unless and until the Legislature changes the marriage statutes, the people change the constitution, and/or all legal options have been exhausted," Gary Kreep, executive director of the USJF wrote to the clerks.

Kreep's organization is offering pro bono legal counsel to clerks who resist the state Supreme Court's recent ruling on same-sex marriages, a ruling he defines as "unconstitutional" itself.

"By doing so, you will follow California law, respect the democratic process, and avoid being drawn into what dissenting California Supreme Court Justice Marvin Baxter called the 'majority's foreclosure of this ordinary democratic process,'" Kreep said.

The organizations this week sent letters to 38 county clerks in California, out of 58, in areas where the man-woman marriage ethic is strongest.

Already several clerks have responded, telling CCF they intend NOT to issue any same-sex 'marriage' licenses," the organizations confirmed today.

Is there a law which repeals or supersedes California law which spells it out that marriage is between a man and a woman? No. And unless the legislature whips one up and passes it pretty quickly, there won't be one, either. The fundamental definition of marriage as between a man and a woman is STILL the law in California.
CCF told the clerks simply, "The court did not and cannot rewrite the statutes to require that you issue marriage licenses to same-sex couples."

"Separation of powers is a foundational principle of our system of government. The California Constitution expressly prohibits the courts from making laws. Only the legislature and the people, through the initiative process, may change the statutes or the constitution," CCF said.

In other words, the Calif. Supreme Court has zero power to institute the concept of homosexual "marriage." Zilch. Zip. Nada. None.

In calling for it, these four judges on the Supreme Court are essentially doing something illegal, because the law (the state DOMA) says marriage is between a man and a woman. And in calling for officials to grant licenses for such "marriages," these judges are soliciting others to commit illegal activities.

But make no mistake: those who want to re-engineer marriage to mean nothing are the ones in power, and they won't take kindly to government officials who obey the law. They may try to fire these clerks, or even (in this upside-down insane world we've come to live in) try to prosecute them criminally for obeying the law.

It may be time for some good ole-fashioned civil disobedience. In most cases of civil disobedience in the past, the law hadn't caught up to what was right. In this case, however, the fight is simply to obey the law.

Is the fundamental institution of marriage and family worth this high a price to fight for? If it isn't, what is?


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