Court Rulings Timeline
The San Luis Obispo County Clerk-Recorder will comply with the orders and rulings of the court and therefore, there will be no change in the issuance of marriage licenses until the stay is lifted and the final judgment has been entered
- June 28, 2013- Ninth Circuit Court Lifts Stay
The Ninth Circuit Court lifted the stay of execution allowing same sex marriage licenses to be issued in California. The San Luis Obispo County Clerk-Recorder will being issuing marriages licenses to all couples on Monday, July 1 at 8:00 a.m.
- June 26, 2013 - U.S. Supreme Court dismisses appeal of Proposition 8
The U.S. Supreme Court dismissed the appeal of the decision invalidating Proposition 8. County Clerk’s have received direction from the California Department of Public Health that the Ninth Circuit Court must first issue an order dissolving the stay of injunction that has been in place throughout the appeal process before issuance of marriage licenses to same sex couples can occur. At this point it is unknown when that order will be issued. Upon direction from the Court and the Department of Public Health, the San Luis Obispo County Clerk will begin issuing marriage licenses and performing wedding ceremonies for same sex couples.
- February 7, 2012 - Effect of Ruling on Proposition 8
The Ninth Circuit Court of Appeals issued a ruling that Proposition 8 was unconstitutional. At this time, the Clerk-Recorder has received no notification of the effective date of the ruling so there is no change in the issuance of marriage licenses. We will provide updated information concerning the issuance of marriage licenses as it becomes available.
- August 16, 2010 - The Ninth Circuit Court of Appeals has issued a stay in the below mentioned case. This stay will prohibit California counties from issuing marriage licenses to same sex couples. The case is set for oral arguments on December 6, 2010. The San Luis Obispo County Clerk-Recorder will comply with the orders and rulings of the court and therefore, there will be no change in the issuance of marriage licenses until the stay is lifted and the final judgment has been entered.
- August 12, 2010 - The United States District Court for the Northern District of California issued a ruling on the Motion to stay the decision of the court in the Same Sex Marriage case entitled Perry et al vs Schwarzenegger et al. View the Final Stay Order (pdf). The Judge denied the request for a stay of its decision through the appeals process, but ordered that entry of the court's judgment in the matter be stayed until August 18 at 5:00. Unless a stay of the judgment is ordered by a higher court of competent jurisdiction, pursuant to the Federal District Court’s order, the San Luis Obispo County Clerk-Recorder will be issuing marriage licenses to all couples beginning August 19, 2010.
- August 4, 2010 - The United States District Court of Appeal, Northern District of California issued a ruling in the Same Sex Marriage case entitled Perry et al vs Schwarzenegger ,et al, in which the Court found that Proposition 8 is unconstitutional. Please be advised that the final entry of the judgment has been stayed by order of the Court – View the Stay of Judgment (pdf). The stay of the entry of judgment will remain in effect until a motion to stay pending appeal has been resolved.
Same Sex Marriage Frequently Asked Questions (FAQ)
- Does a Same Sex couple need to apply for a special license?
Answer - No. The couple may choose between the Public License or the Confidential license.
- Can a couple in a Registered Domestic Partnership obtain a Marriage License?
Answer - Yes. A couple that is in Registered as a Domestic Partnership may obtain a marriage license without any other action required.
From State of California Department of Health ACL 13-16: “People who are currently in a State Registered Domestic Partnership (SRDP) may be issued a marriage license if the parties to the SRDP and the parties to the marriage are the same (Family Code Section 298.5) and the parties are not already legally married to one another in another jurisdiction.”
- If a previous relationship under a Registered Domestic Partnership exists, can a marriage license be obtained with a new person?
Answer - No. If one party to a marriage license had a Registered Domestic Partnership with someone other than the person with whom they are applying for a marriage license, that Domestic Partnership must be terminated or dissolved through a Superior Court action prior to issuance of a marriage license. Please visit the California Secretary of State website for more information on terminating a Registered Domestic Partnership.
- If a couple was married in another state, do they need to have a California Marriage License?
Answer - No. A California marriage license may not be issued to a married couple, regardless of where the marriage occurred.
From State of California Department of Health ACL 13-16 : “Same-sex couples legally married in another jurisdiction will be considered already legally married under California marriage licensing and certification laws and they should not be issued a new marriage license. Family Code sections 301, 302, and 500 allow only unmarried persons to marry in California.”