State officials announced Wednesday that county clerks could begin marrying same-sex couples Tuesday, June 17, forcing those couples who had already tentatively booked ceremonies the day before to reschedule their ceremonies.

The state Office of Vital Records, part of the state health department that oversees marriage certificates, told the Associated Press that it picked that date because the state Supreme Court has until the end of business on June 16 to decide whether to grant a stay of its ruling legalizing gay marriage.

Same-sex couples across California and the country who are planning to marry this summer had been eagerly awaiting word on when officials could move forward with enacting the Supreme Court's May 15 ruling that gays and lesbians have a constitutional right to marry.

Prior to the vital records office decision, many couples had encountered few answers as they tried to schedule appointments with county clerks over the last two weeks. Chicago attorney James P. Crawley wants to marry Dan Ingram, his partner of eight years, when the two visit Napa's wine country in August. But the couple had been unable as of Tuesday this week to set a date.

Crawley, who spoke to the county clerk's office in Napa last week, said he had been unable at that time to ascertain when the ceremonies will begin.

"They don't seem to have an answer yet," said Crawley earlier this week.

Everything from what the forms will look like to just when the first marriages will be allowed to take place has been in flux as state officials prepare to implement the state Supreme Court's decision that California can not restrict marriage to only opposite-sex couples.

The vital records office informed clerks that the new marriage license forms also now include lines for "Party A" and "Party B" instead of bride and groom, according to the AP.

The news does not end the uncertainty over the gay nuptials, as the court is reviewing a request from a conservative legal group that the justices stay their 4-3 decision from taking effect until after the November 4 election, when voters will likely decide on whether to pass a constitutional amendment banning same-sex marriage. With the court conducting oral arguments in other cases this week in San Francisco and next week in Los Angeles, a decision on when the court will take up the matter is not expected for several weeks. [See story page 14.]

Stephen Weir, Contra Costa County's clerk-recorder-registrar, told the Bay Area Reporter Wednesday that the state's clerks could not provide couples with any concrete answers to their questions until after they had been given instructions by state officials.

"The Office of Vital Records gives us directives as to how to perform our functions in accordance to state law. Neither that office nor any clerk wants to be the reason for delaying the implementation of this court ruling," said Weir.

Weir, who is president of the California Association of Clerks and Election Officials, had also been eagerly waiting to learn just when the same-sex couples could get married. An out gay man, Weir has been with his partner, John Hemm, for close to 18 years, and the two plan to be the first couple to get married in Contra Costa County.

With his office open Saturday, June 14 – exactly 30 calendar days from when the court issued its ruling, Weir had asked state officials if he could begin marrying gays and lesbians that day.

The court had said its ruling would not go into effect until June 16, which is a Monday and is the date many clerks had initially advised would be the first day they could conduct same-sex marriage ceremonies, with the caveat that the date could change depending on how the court rules on the stay request.

State officials and clerks from across the state held a conference call last week to discuss what changes needed to be made in order to accommodate both opposite-sex and same-sex couples who want to marry. Weir said the new wording is meant to be gender neutral.

Weir said the state office's instructions would be laid out in "what is called an all-county letter that tells us the start date and the actual wording for the application, which is an official document to which the parties must swear to under penalty of perjury, and then the actual wording of the license and the actual wording of the pronouncement."

The clerks' offices in San Francisco and Santa Clara County had both posted advisories on their Web sites informing gay and lesbian couples that June 16 would be the first day they could obtain marriage licenses. While San Francisco officials conduct ceremonies on Mondays, in Santa Clara the clerk's office performs marriages Tuesdays through Fridays.

Openly gay Santa Clara County Supervisor Ken Yeager has been working in conjunction with his county's clerk to prepare for what is expected to be an onslaught of same-sex marriages in the initial weeks such ceremonies are allowed.

"I will try as hard as I can to have the marriages being performed as soon as possible," said Yeager.

Yeager plans to be deputized as a marriage commissioner so he can perform the ceremonies for friends and constituents who have asked him to officiate their weddings. His office has been fielding phone calls from same-sex couples ever since the court issued its ruling, but until this week, had little information to give them.

"We have taken their name and number and said we will call them as soon as we get the information. My sense is it is still very fluid. We can not guarantee that marriages will start at this time and this day," said Yeager. "When the date gets closer, we will contact people to say it is going to happen. It is still too far out to make any promises."

Attempts to reach Santa Clara County Clerk-Recorder Gina Alcomendras this week were unsuccessful. She had posted information on her Web site to help answer couples' questions, and said her office was working to ensure that it would be ready by June 16.

"Although we may not issue the new marriage license until June 16, 2008, we are booking ceremonies now for all couples for dates occurring after June 16, 2008," reads the clerk's message.

Alameda County Clerk-Recorder Patrick O'Connell also could not be reached for comment this week. He had told the Oakland Tribune on May 16 that he was considering setting up a process where couples could schedule appointments in advance, but his office Web site as of Tuesday had no information specifically on the same-sex weddings.

After the B.A.R. had gone to press Wednesday, Kevin Hing, chief of the Alameda County recorder's office, contacted the paper and said his office had been considering opening up on June 14 if state officials had given the okay to do so.

He cautioned that even with the state's go ahead for June 17 that that date might also change in coming weeks.

"What we understand now is the effective date for the forms will be June 17 with final word not expected until possibly the day before," said Hing. "We are proceeding as if we will be able to issue same-sex marriages on the 17. However the court has until the 16 to determine what that effective date will be."

As for those couples already registered with the state as domestic partners who want to now get married, they do not need to dissolve their domestic partnership in order to do so, according to a legal opinion sought by state Senator Carole Migden (D-San Francisco).

Migden, who pushed through the legislation creating the state domestic partner registry when she served in the Assembly, asked the California Legislative Counsel, which handles legal matters for the California State Legislature, to issue an opinion in the matter. The counsel, in an oral opinion expected to be formalized this week, clarified that LGBT registered domestic partners can remain in their legal partnership or marry if they so choose, but either way there is no need to dissolve their registered domestic partnership.

"Domestic partners do not need to dissolve their legal partnerships in order to marry," said Migden. "Couples will legally be able to marry beginning June 16."

Secretary of State Debra Bowen, whose agency administers the domestic partner registry, said her office has been receiving more than 50 calls a day from domestic partners wondering how the court's ruling affects their registered domestic partnership.

"The answer is, not at all," said Bowen. "The Court's decision did not invalidate or change any of the Family Code laws relating to registered domestic partners, which are very clear about how domestic partnerships are formed and dissolved. As long as a couple meets the legal criteria for a domestic partnership, it can remain on California's Domestic Partnership Registry."

Same-sex couples are hopeful that the June 17 date will stand as the first day they will be allowed to exchange wedding vows. Crawley said he and his partner, who held a private marriage ceremony on a Mexican beach three years ago, want to marry this summer in case the constitutional amendment does pass in the fall.

While their home state of Illinois currently does not allow same-sex couples to marry, Crawley said he could envision a day when the laws would change.

"It is not going to be recognized, but I think it eventually will be. So many people outside California will come to California to get married that the other states will be forced to recognize it," said Crawley, who added that the couple was "not doing it for the sole purpose of coming back here and suing" the state in order to have their marriage considered legal.