Same-Sex Marriage Licenses A Go in Santa Clara County, But Opponents' Petition Could Make It Short-Lived

Written by L.A. Chung

The Santa Clara County is ready go with same-sex marriage licenses and ceremonies, Clerk-Recorder Regina Alcomendras announced late Friday, shortly after a federal appeals court in San Francisco cleared the way for same-sex marriages to resume in California.

But backers of the ban on same-sex marriage filed an emergency petition asking the Supreme Court to stop the weddings.

A three-judge panel of the 9th U.S. Circuit Friday lifted the stay that had blocked gay and lesbian weddings for several months while sponsors of Proposition 8 appealed that court's decision striking down the 2008 voter-approved ban on same-sex marriage. That was the action needed, following Wednesday's Supreme Court decision that allowed the Prop. 8 to be overturned. 

At first, it was unclear whether the Prop. 8 sponsors would initiate further legal action, and its legal counsel refrained from any immediate speculation. But less than 24 hours after California started issuing marriage licenses to same-sex couples, the Alliance Defending Freedom filed the petition, contending the Ninth Circuit had taken the action even though the losing side has 25 days to file for a rehearing, according to the Associated Press. 

In a 5:28 p.m. in an update to the Clerk Recorder's Office, Alcomendras said  Clerk-Recorder’s Office would adapt its operation to meet any demand. If couples were to be in line to apply for licenses before the normal closing time of 4:30 p.m., the site said the office would remain open to serve them as needed. The office closed on schedule at 4:30 p.m., however, because no couples came in, Alcomendras said.

"We were trying to watch and see if there were any same-sex couples," Alcomendras said.

She said her office will make up to 27 windows available on Monday to issue wedding licenses.

"We're expecting a very busy day come Monday," she said.

“The chapel doors are wide open for same-sex couples in Santa Clara County,” said President Ken Yeager, County of Santa Clara Board of Supervisors, who officiated the weddings of the first gay and first lesbian couple on June 17, 2008.  “We are ready to meet the pent-up demand.”

Gov. Jerry Brown said he has notified clerks and registrars in all 58 counties that same-sex marriage is now legal in California and that marriage licenses must be issued to same-sex couples immediately. 

“We are ready to meet the needs of the community,” said Alcomendras in a statement posted Friday on the county website.  “News of the decision came late today, so we expect greater demand next week.  We have set up a special line for marriage licenses that will bypass our normal queuing system.”

• Couples can apply for marriage licenses at the Clerk-Recorder’s Office - 70 W. Hedding St., 1st floor. (Free one hour parking in the West Wing parking lot at the corner of Hedding and San Pedro streets)

• The County of Santa Clara Clerk-Recorder's Office currently performs civil marriage ceremonies officiated by deputy marriage commissioners appointed by the Clerk-Recorder. On average, 12 civil marriage ceremonies are performed on a daily basis.

• The fee for the ceremony is $79 and must be paid in person before the date of the ceremony.

• Marriage licenses can be issued the same day as the ceremony.

• A standard Marriage License is $79; Confidential Marriage License is $83.

• Ceremonies can be scheduled for weekdays from 9 a.m. to 3:40 p.m.

• Beginning July 1, walk-in couples who do not want to wait for an appointment will be accommodated through the new Express Marriage Ceremony Service. They may purchase a license to have their ceremony performed at the service window for a fee of $110, plus an additional witness fee of $10.

• The County has one wedding chapel for marriages, but will make two additional chapel facilities temporarily available to accommodate overflow. Up to 17 ceremonies per day could be performed at each chapel, if needed. The Wedding Chapel holds 22 people and is located on the Lower Level, 70 W. Hedding St., both elevator and stair access is available. (NOTE: The wedding chapel is in its final stages of remodeling. The ceremonies are currently at the Clerk-Recorder’s “designated” chapel on the first floor.)

• To schedule an appointment to be trained as a Deputy Marriage Commissioner to perform civil marriage ceremonies, call (408) 299-5688.