In what appears to be a legal victory for Kern County's gay and lesbian community, Kern County Counsel Bernard Barmann says any attempt by Kern County to restrict marriage as between a man and a woman is illegal.

"The Marriage Protection Ordinance is patently unconstitutional, and, if adopted will have no legal force or effect," wrote Barmann in a legal opinion to the Kern County Board of Supervisors.

The proposed ordinance is being pushed by a conservative Sacramento based group called Campaign for Children and Families led by Randy Thomasson.

Thomasson wants Kern County to stop issuing marriage licenses to gay and lesbian couples. The California Supreme Court ruled recently
the state cannot prohibit same-sex couples from getting married, and gay marriage in Kern County began on June 17.

"Because the regulation of marriage is within the province of the Legislature, the Board of Supervisors lacks the authority to adopt an ordinance purporting to regulate marriage," wrote Barmann.

Not surprisingly, Thomasson disagrees with Barmann's legal opinion.

"It's sad that not many government bureaucrats want to do the right thing. The county counsel's analysis is simply incorrect," said Thomasson in a written statement to Eyewitness News.