from Whitney re: today's possibilities
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Judith Pratt
Aug 9, 2010, 1:37:45 PM8/9/10
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Greetings All,
By now you all know that while Judge Vaughn Walker overturned Prop 8 last Wednesday, he also placed a stay on that decision which has prevented couples from marrying. He ordered both sides to submit briefs by Friday evening as to whether or not the stay should remain in place pending an appeal. There are a lot of "ifs, ands, & buts," that could take place in the coming days, but it is possible that he will rescind the stay as early as today. Monday, August 9. (It is also possible that it will not be lifted at all.)
Because it is possible that the stay will be lifted, I want to provide you with information about what might happen in Bakersfield. This information remains in force until Wednesday, August 18, when I have to go back to school. If the stay has not been lifted by then, we'll come up with another plan.
Here's the plan then, for now:
As soon as I get the info that the judge has lifted the stay, I will immediately email this list to let you know, and then proceed to the County Building downtown, at the corner of Truxtun & N Streets as fast as I can. The County Clerk's office is inside that building, just to the left of the rear entrance. If you are a couple wishing to be married, meet me there. You can text me at 661-204-3180 to confirm. (I can't promise to send a text to everyone this time, as that process takes about an hour on my phone, and I have to move much more quickly than that.)
Also, we'd like as big a crowd as possible to witness the occasion, but only if you can be non-violent and civil in the face of possible homophobia. If you can't, please stay home and send us your best positive energy.
Once we get to the Clerk's office, many things could happen. If the Clerk, our beloved Ann Barnett, resident homophobe, has already gotten the word of the lifted stay, it should be easy to get licenses, and I will have Rev. Byrd standing by for anyone who wishes to marry on the spot. (Please plan to remunerate her to the tune of $50.) There is a lovely quad area just outside that is wonderful for wedding ceremonies.
On the other hand, Barnett being Barnett, there could be complications. We may have to deal with the County Counsel's office. We will notify media. We will raise whatever stink is necessary, non-violently, to ensure she obeys the law, as long as the stay is lifted. This could be difficult and time-consuming, so please plan to be assertive, but patient. If the stay is not anticipated to be lifted for very long, she may stall. We'll fight that with as much fervor as we can muster.
To get a marriage license in Kern, assuming we get that far, you need to bring ID for both people, and your checkbook or cash. The fee for a public license is $67, and the fee for a confidential license is $80. Bring extra just in case there are other fees.
If you bring friends & family, please make them aware of the possibility of complications before you get there.
If you wish to bring your own celebrant, please feel free to do so.
A marriage license is technically good for 90 days, but if a new stay were to be issued before you filed your license with the Hall of Records, you would be out of luck. Since we don't know if this window will open, or for how long, I suggest anyone wishing to legally marry plan to be ready to go if the window opens.
The stay may be lifted by Judge Walker, and the Ninth Circuit may well institute a stay of their own, effectively preventing weddings. It is also possible that the US Supreme Court could also issue such a stay. It is not a done deal that if Walker lifts his stay, that marriages will automatically follow.
Once you have an actual ceremony, you should go immediately to the Hall of Records and file the document. It would be invalid if you had a ceremony, but did not get to the Hall in time.
How long will the stay be lifted? That is the Million dollar question. It could be lifted for 5 minutes, 5 hours, 5 days of 5 months, or forever. It could not be lifted at all, or be lifted and replaced by a high court's stay so quickly that all of this is moot. I wish I could give you definite answers, but I am waiting on pins and needles just like you are. The length of time of the lifted stay is directly proportional to the chances of actually having weddings that day, or any day.
I have a list of celebrants that we compiled since 2008, and I make it availablee to you now in case it comes into play:
It is the responsibility of the couple to engage the services of the officiant, and to ensure they understand any payment required for the service. Please send me the names of any other individuals or churches in the Kern County area who will conduct legal ceremonies.
You may write your own vows; bring them with you.
Rev. Byrd Tetzlaff (Member of this Meetup)
Dr. Donel Crow (Member of this Meetup)
Non-Denominational Minister
Rev. Bill Cole (Gay) (Member of this Meetup)
Universal Ministries
Ordained Minister
Civil/Non-denominational Weddings
Rev. Lori Renee (Member of this Meetup)
Mona Twocats
ULC Minister: Civl/Pagan/
Non-denominational Weddings
Gina Mattson (Member of this Meetup)
Wiccan Ceremonies
Shonsu Chioxin or Lady Du Dragcorum
Interfaith Service
Diane Ryder
Ordained Minister
Andy Kuramoto
ULC Minister
Cecilia Estes
ULC Minister
Susan Reep
Minister
Tom Xavier
ULC Minister
Rev. Rob Petersen (Member of this Meetup)
Jason Rouse
Rev. Cissie Willis
Lake Isabella
Rev. Patty Del Aguila
Wiccan High Priestess
Sherri Wattenbarger
I will happily add any names to this list. Please send info to wlwe...@gmail.com so I may update this info.
So, this is pretty much the deal. Lots of maybes and possiblies. I suspect if the stay is lifted, it will be on all the news channels, and probably on Facebook very quickly. Keep your ear to the ground, and I will do everything possible if we have a favorable ruling to ensure that you can marry in Kern County.
Also, we invite same-gender AND opposite-gender couples to join us for this event. Unlike our opposition, we don't discriminate. Let's celebrate together.
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Whitney
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Karen Ziegler2
Aug 9, 2010, 1:47:07 PM8/9/10
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I am out of the office until August 16. At that time, I will do my best to respond quickly to all messages.
Thank you for your patience,
Karen Ziegler
Judith Pratt
Aug 10, 2010, 1:06:18 PM8/10/10
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Hi All,
Today was a nervous day, waiting and wondering if the stay would be lifted today, if at all, and not knowing is just awful! I texted the couples who are feeling quite in limbo, but I have no great wisdom; we have to wait until the word comes. It is still iffy as to whether the stay will be lifted at all. Most scholars are holding that the 9th Circuit Court of Appeals will hear the case, and most likely a stay will remain in place until that case is over, or so they say. Still, anything can happen, as I explained before, so I will continue to listen for the information and email out notices once we know what's going to happen.
I wanted to be able to let you all know what to expect from the County Clerk, should the stay be lifted, so Dustin & I dropped by both the County Counsel's and the County Clerk's offices today. We learned that since this is a state ruling, the Counsel's office is not likely to play a role. The state will send the info directly to the Clerk's office, and they will follow whatever directions they are given regarding the starting up of ceremonies for same-gender couples. I asked specifically, "So, if the lifting of the stay were to occur at 3pm one day, would couples begin marrying at 3:05?" The response was, unless the Judge specifically sets a diffefrent date, yes, marriages could commence in minutes. This could be crucial if Walker lifts his stay, only to be stayed
again by the 9th Circuit an hour later. It is possible that couples could marry in that window, though, once again, we have no absolute guarantees.
I should mention here that there exists the possibility that the Appellate Court would overrule Judge Walker's decision in the case entirely, and Prop 8 would remain the law. If that were to happen, any couples married between stays would probably be voided. This is a very emotional consequence, and must be considered by each couple before they rush to the Admin Building Downtown. No doubt folliwng the Appellate case, there will be more stays; this is not the last time we will be waiting and wondering. I do not wish to be the bearer of bad tidings, but I think you all deserve the truth, at least as I understand it.
So, once again, a whole lot of maybe and not a lot of assurance. I wish I could be more specific, but we are just in a holding pattern. Fortunately, I understand that it is highly likely that Walker will rule within a few days; maybe tomorrow. And you can be sure I will email the info to this list as I have it.
Please add the following names to your list of celebrants for ceremonies:
Anke Hodenpijl
ULC Minister
Karen Briefer-Gose
ULC Officiant
(cell)
Rev. Belinda Singleton
If you are a couple who may wish to marry should the stay be lifted long enough, please contact me ASAP. 661-204-3180. I am aware of a pair of couples, but I'd like to be prepared for however many there might be.
Karen Ziegler2
Aug 10, 2010, 1:06:42 PM8/10/10
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Rachel Pori
Aug 10, 2010, 1:45:20 PM8/10/10
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I'm pretty sure those married under the stay will continue to be married because when they got married it was legal to do so.
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