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To: William McKinley
(unanimous)

http://appellatecases.courtinfo.ca.gov/search/dockets.cfm?dist=0&doc_id=312005

03/11/2004 Order to show cause issued

Respondents are ordered to show cause before this court, when the matter is called at the late May 2004 or June 2004 calendar, why a writ of mandate should not
issue, directing respondents to apply and abide by the provisions of Family Code sections 300, 301, 308.5, and 355 in the absence of a judicial determination that these statutory

provisions are unconstitutional. Pending this court's determination of this matter or further order of this court, respondents are directed to enforce and apply the provisions of

Family Code sections 300, 301, 308.5, and 355 without regard to respondents' personal view of the constitutionality of such provisions, and to refrain from issuing marriage

licenses or certificates not authorized by such provisions. In addition, pending this court's determination of this matter or further order of this court, all proceedings in

Proposition 22 Legal Defense and Education Fund v. City and County of San Francisco et al. (San Francisco Super. Ct. No. CPF-04-503943) and Thomasson et al. v. Newsom et

al. (San Francisco Super. Ct. No. CGC-04-428794) are stayed.

The return in this matter, limited to the issue whether respondents are authorized to refuse to enforce the provisions of Family Code sections 300, 301, 308.5, and 355 in

the absence of a judicial determination that such provisions are unconstitutional, is to be filed by respondents in the San Francisco Office of the Supreme Court on or before

Thursday, March 18, 2004. In addressing the foregoing issue, the return should discuss not only the applicability and effect of article III, section 3.5 of the California

Constitution, but any other constitutional or statutory provision or doctrine that may be relevant to the resolution of the foregoing issue.

A reply may be filed by petitioners in the San Francisco Office of the Supreme Court on or before Thursday, March 25, 2004.

Any application to file an amicus curiae brief, accompanied by the proposed brief, may be filed in the San Francisco Office of the Supreme Court on or before Thursday,

March 25, 2004.

Any reply to an amicus curiae brief may be filed in the San Francisco Office of the Supreme Court on or before Monday, March 29, 2004.

Votes: George, CJ., Kennard, Baxter, werdegar, Chin, Brown and Moreno, JJ.

28 posted on 03/11/2004 2:43:16 PM PST by ambrose ("John Kerry has blood of American soldiers on his hands" - Lt. Col. Oliver North)
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To: ambrose
".... respondents are directed to enforce and apply the provisions of Family Code sections 300, 301, 308.5, and 355 without regard to respondents' personal view of the constitutionality of such provisions, and to refrain from issuing marriage licenses or certificates not authorized by such provisions"

Does the phrase bitch slapped come to mind?
;^>

105 posted on 03/11/2004 9:48:37 PM PST by TeleStraightShooter (Kerry plans to apply post-Vietnam policy to Iraq: Skedaddle & let the Syrian Baathists take over)
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