Source: Bakersfield Californian, Los Angeles Times, KGET-TV
Bakersfield, Cal. -- The conservative county clerk in the dusty Central Valley city of Bakersfield has done everything she could to avoid complying with the May 15 ruling of the California Supreme Court that civil marriages in the state are a basic right that cannot be denied to lesbian or gay couples.
That includes asking for help from a right-wing activist law group, the Bakersfield Californian reports.
Kern County Auditor-Controller-County Clerk Ann Barnett instructed a lawyer on the county payroll to join a petition asking the court to delay its ruling. When that didn't work, according to the Bakersfield Californian, she tried to resign from the part of her elected job that requires her office to grant marriage licenses, and then asked the same staff lawyer what would happen if she refused to do weddings for same-sex couples.
When she was told that would be illegal, Barnett's office announced that it would stop performing all wedding ceremonies after June 13 -- three days before the Supreme Court decision takes effect.
To do that, her office had to cancel 25 heterosexual ceremonies that had been scheduled after June 13, the Californian reports.
Clerks are required by law to dispense marriage licenses, but are not required to offer civil wedding ceremonies. Although most counties do offer the ceremonial services for a fee, the Californian lists a few other counties, including Monterey and Santa Barbara, that do not offer ceremonies.
Because of Barnett's decision, lesbian and gay couples, along with anyone else wanting to get married in the county, will have to find some way other than going to the courthouse.
Another county official said Friday that he hopes to find another county department that can offer civil ceremonies to all couples.
At least two local ministers who support marriage equality have announced plans to marry couples for free near the clerk's office.
Rev. Byrd Tetzlaff of Unitarian Universalist Fellowship of Kern County told the Californian that she will be at the clerk's office from 8 am on June 17 until her energy runs out. She said she will perform weddings for free until Nov. 4.
"I would like people to know that I'm more than willing to do this," she said. "Justice for one is justice for all, and I'm glad California is open to this."
Molly McKay said she will perform free wedding services at the office "as long as couples are coming." Although McKay has officiated two weddings for friends, she said she is looking forward to gaining more experience with these ceremonies in the coming months.
"It's going to be a very special day, especially for couples who have waited decades," she said.
Barnett has refused all recent interview requests from the press, but claimed in the press release that the decision to halt all civil ceremonies at the courthouse was based on financial considerations.
Locals recognized that the decision was, in fact, based her opposition to equality for gay people.
Whitney Weddell, chairman of a Bakersfield gay-lesbian advocacy group, told KGET-TV that she's skeptical of Barnett's motives.
"Seems like they threw a little temper tantrum and so if they're now going to have to do same-sex weddings, they're just not going to do any," said Weddell.
Reverand Chuck Cournyea of Unity Church of Bakersfield told KGET that the clerk's decision is "curious."
They don't lose money on weddings," said Cournyea. "They make money, about $38 a ceremony."
In a report based on available county records, the Bakersfield Californian discovered that weddings have, indeed, been a money-maker for the county.
It appears the county brings in more than $50,000 a year from performing marriages, before costs are figured into the equation, the Californian report showed.
The top average hourly pay, according to the newspaper, is around $19.20 an hour. A marriage ceremony conducted Thursday took seven minutes to perform.
A county supervisor is blasting Kern County Clerk Ann Barnett and calling for change.
Now a county supervisor is coming forward to challenge Barnett's decision.
Second District Supervisor Don Maben plans to bring up this issue at the Board of Supervisors meeting Tuesday.
"I think this was the only excuse she could come up with." said Maben. "She is denying them their right by denying everyone their right."
As she has with all media outlets, Barnett refused to answer questions on camera from KGET-TV Friday and delayed a wedding ceremony so that the Bakersfield station would not film it.
According to an in-depth report by the Bakersfield Californian Barnett sought legal advice from a right-wing activist group before announcing her decision.
After the California Supreme Court declined to delay its decision that requires state officials to give marriage licenses to both heterosexual and to lesbian/gay couples, Kern's top assistant in Bakersfield sent emails to right-wing legal group Alliance Defense Fund asking for their help before she announced the halt to all civil wedding ceremonies.
The Arizona-based Alliance Defense Fund (ADF) was founded in 1994 by James C. Dobson of Focus on the Family and other Christian ministers. On its website, it says it frequently files lawsuits in cases opposing gay rights and issues involving abortion and the separation of church and state.
Glenn Spencer, Kern County Assist. Auditor-Controller-County Clerk, sent a series of emails to a legal assistant to ADF's senior legal counsel asking for the group's help, the Californian discovered.
"We have the news media calling for her response, and we need to issue a news release today, but she really needs to be assured of your legal assistance before she speaks to them, as we fully expect to be sued and our own counsel is not being of help," wrote .
According to the Californian investigation, the ADF replied, "We want to help," but said their lawyers wanted to talk first to Kern County Attorney Steve Sanders.
Brian Raum, a senior attorney for the Alliance Defense Fund, confirmed to Los Angeles Times that Barnett's office has sought out his group, calling the e-mails a "routine request for legal advice." If Barnett needs legal protection, his group will provide it, Raum said.
Full article: Californian exclusive: Clerk went to great lengths to get out of same-sex ceremonies | Bakersfield Californian
Kern County clerk will stop performing weddings just days before same-sex couples can apply for licenses | Los Angeles Times
Locals react to County Clerk's decision to stop performing marriage ceremonies | KGET TV
County Clerk avoids questions after decision to stop performing marriage ceremonies | KGET TV