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Muddied waters

"Muddied waters" Continued...

Issue: "Blind exiled brave," Aug. 10, 2013

The clerk of San Diego County has challenged that reasoning, asking the state supreme court to clarify where clerks stand. The clerk, Ernest J. Dronenburg Jr., argues that the district-level ruling doesn’t apply to him, and Prop 8 should still be the law until higher courts decide the issue. The backers of Prop 8 have made a similar argument in a separate challenge to the state’s decision to issue same-sex marriage licenses. 

Richard Garnett, law professor at Notre Dame University, has deep concerns about the implications of both of the Supreme Court’s marriage decisions, but he said these legal squabbles will continue for the time being.

“Until the Supreme Court hands down a ruling that same-sex marriage is constitutionally required, many states will retain their traditional legal definitions of marriage,” he said. “In some states, legislatures will adopt, or state courts will require, revised definitions of marriage, but in many others, the revision will not come unless and until it is required by the [high] court.”

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Emily Belz
Emily Belz

Emily, who has covered everything from political infighting to pet salons for The Indianapolis Star, The Hill, and the New York Daily News, reports for WORLD from New York City. Follow Emily on Twitter @emzleb.

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