TheBakersfieldCalifornian.com

Kern County supervisors got an earful Tuesday of the debate over gay marriage that has been raging here for nearly a week.

Speakers hailed County Clerk Ann Barnett’s decision to stop performing civil marriages while others called her a religious terrorist and said she should resign.

Amid all the hurly-burly, the supervisors made no decisions other than ask staff to look over a group’s proposal to deny marriage licenses to gay couples and report back July 8.

The supervisors and their lawyers did agree the law requires them to keep out of Barnett’s business. She caused an uproar last week when she decided to end her office’s practice of performing civil weddings after June 13.

Her edict came the day the California Supreme Court ruled gay marriages would start June 17.

Barnett is an independently elected official who does not have to answer to the board, said County Counsel Bernard Barmann.

“State law provides that the county clerk is the commissioner of civil marriages,” Barmann said. “These duties are independent of the Board of Supervisors.”

Judges could perform the ceremonies, he said, but supervisors cannot assign Barnett's power to another county official.

Supervisors also called for county staff to find out if judges will do the ceremonies; whether people in other counties can deputize Kern County citizens as marriage commissioners; and how much money the county has pulled in from civil marriages.

ANOTHER IDEA

Other speakers at Tuesday’s meeting said they want Kern County to pass an ordinance saying “no employee of (blank) County, and no elected or appointed official of (blank) County, may issue a marriage license to any couple other than a statutorily qualified man and woman.”

Supervisors said that would be illegal.

Enacting an ordinance that goes against the constitution and California Supreme Court decision “doesn't seem to withstand scrutiny,” said Supervisor Jon McQuiston.

Even ordinance supporters admitted state law currently requires the licenses be issued.

“The license is the law,” said anti-pornography and anti-abortion activist Rosalyn Strode.

Her husband, Thurman Strode, delivered the anti-license ordinance — drafted by the Campaign for Children and Families — to supervisors.

Randy Thomasson of Campaign for Children and Families said the county can pass the ordinance and stop all marriage licenses.

He said issuing marriage licenses to same-sex couples violates the state constitution because the Supreme Court had no power to redefine marriage in ruling on Proposition 22 last month.

“Can you actually protect marriage in your county? Can you pass the ordinance? Yes you can,” Thomasson said.

He said Kern County supervisors should be brave enough to pass his ordinance and rebel against the court even if it means legal reprisals.

The California Supreme Court ruled in May that no voter-approved state statute such as Proposition 22 can alter equality provisions in the state constitution.

The justices stated, “the provisions of the California Constitution itself constitute the ultimate expression of the people's will.”

BARNETT DEBATE

Debate over Barnett’s decision was interspersed with the constitutional debate.

Several speakers called for Barnett to resign, saying her decision to end civil marriages discriminated against gays and lesbians.

Lamar Kerley said Barnett chose her personal, religious beliefs over her oath of office and compared her to Taliban and Al-Qaida terrorists.

“I demand Ms. Barnett resign her position.” Kerley said. “This will leave her the freedom to go live in a theocratic country such as Iran or Saudi Arabia, where she, and like-minded religious fanatics have much in common.”

Others praised Barnett for standing by her personal beliefs.

“I support the county clerk 100 percent,” said Cary Brown, adding that gay marriage is a slippery slope into the abyss.

County staff will bring back more information on the county costs of providing civil marriages and whether local judges might perform them July 8.

County Administrative Officer Ron Errea said his office is waiting for information from Kern County Superior Court and Barnett's office.

Last Thursday, The Californian filed a public records request with Barnett's office seeking information about the revenue it has raised in recent years through civil ceremonies.

The clerk’s office has not responded. Barnett’s second-in-command, Glenn Spencer, refused Tuesday to talk about the request or give any indication of when the information will be released.

Barnett has not returned calls to her office and cell phones, made repeatedly since Wednesday, seeking comment on her decision.