TheBakersfieldCalifornian.com

Kern County supervisors may have little say about whether the county offers civil marriages to the public after Friday.

Last week, Supervisor Don Maben said he’d like another county department to perform weddings now that Auditor-Controller-County Clerk Ann Barnett has announced hers won’t after June 13.

But Monday, Maben said he’s been told by county lawyers that moving those powers that might not be legally possible.

In county government, only Barnett has the power to perform civil marriages — or deputize others to do the ceremonies — and she has already decided to cut all marriages short at the end of this week.

And her office is refusing to deputize the public as well.

The only other civil union option for both gay and straight couples could be Kern County’s judges. It remained unclear Monday whether judges can or will do the ceremonies.

“The language in that code is permissive,” said Court Executive Officer Terry McNally. “Each judge is going to have to make their own decision.”

Presiding Judge Jerold Turner was out of the office and unreachable Monday; messages left for several other Superior Court judges were not returned.

Barnett made her announcement about no more county clerk-performed weddings after the California Supreme Court ruled it would not delay implementation of a May 15 ruling overturning Proposition 22 until November. November is when California voters will again decide the gay marriage matter.

A news release from her office cited budget and space concerns as the reasons for her decision. She has not returned multiple messages left for her since last Wednesday.

Gay marriage opponents and supporters are expected to speak their minds at Tuesday morning’s Board of Supervisors meeting.

Local conservative leader Ken Mettler acknowledges that the California Supreme Court has interpreted Proposition 22 as unconstitutional.

But he said the court is wrong and has overstepped its boundaries.

Al Naso, a straight man who supports gay marriage, said people like Mettler should be happy to see two people choosing a loving, committed relationship.

He lost his wife, Fabiola, 18 years ago today and doesn’t see why people who want a committed marriage shouldn’t be able to have it.

“Gays, in the past, have been criticized for being frivolous,” Naso said. “Wanting to get married is scarcely a frivolous thing.”

Maben, whose Catholic father married his Protestant mother in a civil ceremony because their faiths didn’t match up, said the issue isn’t gay marriage.

It’s about the county’s commitment to serve all its citizens.

Rosalyn Strode, an anti-pornography and anti-abortion activist in Bakersfield, said Maben was dead wrong to try to shift Barnett’s civil marriages to another department.

“He wants to send the issue to other county offices and that’s not his job. He didn’t even think (about the issue). Look at the language he used — the word 'sucks' — who in his position would use that kind of gutter language,” Strode said, referring to a quote Maben gave on the issue last week.

Both Strode and Mettler say the California Supreme Court overstepped its bounds in ruling that the state constitution does not ban gay marriage.

“The judges are making decisions we don’t really don’t have to accept,” Strode said.

She said Barnett is standing up for the will of the people.

But Mettler acknowledged that the situation is a tough one for conservatives.

“Conservatives, by and large, believe in the rule of law,” he said.

The Supreme Court has ruled that the state’s top law — its constitution — permits gay marriage. That has overturned the lesser law created by Prop. 22.

Mettler said civil disobedience may be needed.

“This is one of those times when citizens have to question their government,” he said.

Supervisor Ray Watson, however, said the county has to find a legal path through the situation.

“I’m not sure we want to take away a service that the county has been providing for anything other than a financial reason,” he said.

The county brings in $30 for each marriage ceremony — which can take as little as five to 10 minutes for a clerk to perform.

“I hope we can find a way to do what we’re required to do under the law at the same time we respect the beliefs of people who feel strongly about this and the rights of the gay community,” Watson said.

Supervisor Mike Maggard, who said he voted for Prop. 22, refused to speculate on what he would do if he was in Barnett’s place.

He said he would never compromise his beliefs, but if they came in conflict with the law, he would obey the law.

“I am a sworn officer of the state. So my responsibility is to follow the law. The question is, what is the law,” he said. “I think that this law is in flux. I think there is a significant likelihood that the law will change in November.”