Jun 20, 2008 11:43 am US/Pacific
Final Order Issued On Calif. Gay Marriage Ruling
SAN FRANCISCO (BCN) ―
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Same-sex couple Ariel Owens (right) and spouse Joseph Barham walk arm in arm after getting married at San Francisco City Hall June 17, 2008, in San Francisco, Calif.
Justin Sullivan/Getty Images
A San Francisco Superior Court judge has issued a final order requiring the state agency in charge of marriage records to carry out the California Supreme Court's May 15 ruling allowing same-sex marriage.
The order issued to state Registrar of Vital Statistics Mark Horton by Superior Court Judge Richard Kramer late Thursday is one of the last procedural steps in implementing the state high court's decision.
Kramer instructed Horton to prepare gender-neutral marriage license and certificate forms.
He also directed Horton to tell local county clerks and registrars about the high court ruling and about "their obligation to issue and record marriage licenses and perform marriage ceremonies in a manner that is gender neutral."
Kramer is the trial judge who was assigned in 2004 to handle six cases disputing whether the state constitution provides a right to same sex-marriage.
He ruled in favor of same-sex marriage in 2005, but was overruled by an appeals court the following year.
Same-sex couples and the city of San Francisco then appealed to the state Supreme Court, which ruled on May 15 gays and lesbians have a right to wed under the California Constitution's guarantees of equal protection and privacy. The ruling went into effect at 5 p.m. on Monday.
On Tuesday, the state high court sent the case back to the Court of Appeal and on the same day, that panel sent the case back to Kramer with instructions to issue any orders needed to carry out the ruling.
Kramer also filed a final judgment declaring that two state Family Code provisions requiring marriage to be between a man and a woman "have no further force and effect."
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