(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.