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Lois Henry: Official not being straight about gay marriages

BY LOIS HENRY, Californian staff writer
e-mail: lhenry@bakersfield.com | Saturday, May 31 2008 5:46 PM

Last Updated: Monday, Jun 2 2008 7:21 AM

Here’s something you don’t get to write every day:

I couldn’t get a straight answer out of Kern County Auditor/Controller/County Clerk Ann Barnett about gay marriage.

I heard a rumor that Barnett held a staff meeting after the California State Supreme Court struck down the state’s ban on same-sex marriages on May 15 and said she would not allow them in Kern County because of her personal beliefs.

So I asked Barnett.

“My staff meetings are confidential so I will neither confirm nor deny that information,” she tersely told me.

Oh, no. Wrong answer.

Barnett is the elected official in charge of issuing marriage licenses and performing civil ceremonies in Kern County. Her constituents deserve to know where she stands on this issue and if she’s going to follow the law.

So I persisted.

First, Barnett told me, things are still up in the air.

In fairness, she’s right about that. The Supreme Court’s ruling should take effect in 30 days. But the higher court ordered an appeals court to actually write the order; when that will happen is anyone’s guess. And gay-marriage opponents are asking justices to stay the ruling until an anticipated constitutional amendment banning same-sex marriage is decided by voters in November. The court has until the end of the 30 days to decide on the stay.

OK, there are some loose ends.

But, I asked Barnett, assuming there is no stay, the appeals court spits out the order and June 17 dawns bright and sunny with same-sex marriage the law of the land, will you issue licenses or perform marriages for gay couples?

“I took an oath to defend the constitution and there are constitutional issues here. I keep my oaths.”

Since marriage configurations aren’t a part of the state constitution, what do you mean by that?

“Right now, we have a Supreme Court decision.”

Doesn’t that have the force of law?

“If you look at family law, it still defines marriage as between a man and a woman.”

But the Supreme Court changed that, right?

“It was not unanimous. There were dissenting opinions on the issue of whether the court has authority to legislate this matter.”

Setting aside the “activist bench” argument, how do you feel, personally, about same-sex marriage?

“I don’t think my personal feelings are an issue right now. My duty is fulfilling my responsibilities as an elected official.”

Fine, then we’re back to the original question: Did you tell your staff that you wouldn’t allow gay marriages regardless of the Supreme Court ruling?

“I did not say I wouldn’t follow the law. I would never say that.”

Will you allow gay marriages, assuming all the loose ends are tied up?

“At this point, it’s premature for me to do that,” she said.

And so the merry-go-round went for a few more minutes.

It’s a simple question. I found Barnett’s refusal to give a simple answer both frustrating and disingenuous.

I’d accept it if she personally doesn’t think same-sex marriage is right, but will adhere to the law.

Or if she thinks same-sex marriage is dandy but needs to make sure all the legalese is in order before starting services.

This caginess, though, is appalling in an elected official.

Other politicians have stated their positions on this issue.

Yet we’re supposed to take this double-speak from one of our own elected officials who happens to have her thumb on the department now at the center of this storm? I don’t think so.

If Barnett’s aim is to ignore the law, that would put the county (and us taxpayers) in a bad position. People tend to sue, and often win, when governments ignore their civil rights. We should know, specifically, what she plans to do.

The county’s position is that it will follow the law on this issue, County Counsel Bernard Barmann told me, quickly adding he’s sure Barnett will “do what’s proper.”

He also assured me the county has remedies to protect itself if elected officials flout the law.

Or, if Barnett simply can’t see her way to upholding this law, I believe she does have another option: Resign.

Opinions expressed in this column are those of Lois Henry, not The Bakersfield Californian. Her column appears Wednesdays and Sundays. Call her at 395-7373 or e-mail lhenry@bakersfield.com.