Gov. Jerry Brown: Counties should begin issuing marriage licenses as soon as stay is lifted

SAN DIEGO - Gov. Jerry Brown said Wednesday that in response to the U.S. Supreme Court's ruling on Proposition 8, he wants counties in California to begin issuing marriage licenses as soon as a federal appeals court lifts a stay it had imposed while the legal battle raged on.

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"After years of struggle, the U.S. Supreme Court today has made same-sex marriage a reality in California," Brown said. "In light of the decision, I have directed the California Department of Public Health to advise the state's counties that they must begin issuing marriage licenses to same-sex couples in California as soon as the Ninth Circuit confirms the stay is lifted."

According to Brown's office, the governor consulted with Attorney General Kamala Harris, who advised that county clerks must begin issuing licenses to same-sex couples as soon as the stay is lifted. When the court does lift the stay, the state Department of Public Health will issue a notice to county officials throughout the state.

The stay on same-sex marriages likely will not be lifted for at least 25 days. The U.S. 9th Circuit Court of Appeal acknowledged receiving the Supreme Court's ruling, but noted that the law provides for a 25-day period during which proponents of Proposition 8 could request a rehearing before the nation's highest court.

Tony Dylan-Hyde smiled as he told 10News, "It's really rewarding to know that the person I've chosen to spend my life with is now going to be recognized as my husband."

Tyler Dylan-Hyde added, "You know, we've been together 17 years and we think that like all Americans and Californians that our relationship should be recognized."

Four years ago, the two were at the center of a sit-in protest at the San Diego County Clerk's office when Proposition 8 put an end to the brief period that same-sex marriages were legal in California.

"That was a very turbulent day and nine of our friends were arrested that day," they said.

Now, the county clerk's office is gearing up for opening that doorway again for gay and lesbian couples, but not yet.      

"We received an email this morning letting us know that at this time we're not allowed to issue any licenses or perform ceremonies but they will notify us as soon as they have more information," said chief deputy recorder and county clerk Val Wood. "

As soon as it is legal, licenses will be issued. There is no blood test requirement and no waiting period. 

Wood said it could go quickly. 

"So, you can get the license in your first appointment and the ceremony could be performed just after that," she said.

No appointments are being taken yet, though there have been many calls asking, "How soon?"

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