Same-Sex Marriage Licenses Still on Hold

The ruling that California's same-sex marriage ban is unconstitutional does not automatically open the door for such unions to resume, says Napa County clerk John Tuteur.

Tuteur, whose office issues marriage licenses in the county, issued a statement Tuesday morning explaining that same-sex marriages will not be allowed until after a waiting period during which the ban's supporters may appeal the 2-1 decision by a panel of judges in San Francisco.

"According to the instructions from the Office of the Clerk of the 9th Circuit Court of Appeals a mandate to allow same gender marriages in California cannot issue for at least 21 days of which 14 days are allotted for the filing of a petition for rehearing and/or a motion to stay the judgment," Tuteur wrote. 

The statement continues, "If no petition for rehearing or motion for stay is filed, the mandate takes effect 7 days after the 14 day period."

Tuteur's office "cannot issue marriage licenses to same gender couples until such a mandate is issued," he wrote.

"If a motion for stay and or rehearing is filed and granted, the delay in implementing same gender marriage in California could extend through the final decision on this matter by the United States Supreme Court.

“I will continue to keep the public informed of any further judicial proceeding in this case,” Tuteur wrote.

He added that anyone with questions or comments can contact him by voice at 707.253.4459 or email at john.tuteur@countyofnapa.org

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