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The San Diego County Recorder’s petition to the California Supreme Court for a writ of mandate will be denied. Proposition 8 was a state-wide initiative that has been ruled unconstitutional by the United States District Court for the Northern District of California. The court ruled: "Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8." Perry v. Schwartzenegger, 704 F.Supp.2d (ND Cal. 2010). County administrative officials act only as agents for the state in the issuance of marriage licenses; and do not exercise independent authority. The order of the District Court permanently enjoined the enforcement of Proposition 8; and, therefore, the licenses to same-sex partners shall be issued.
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