|January 4, 2011|
San Francisco – Today the Ninth Circuit Court of Appeals denied Imperial County’s attempt to intervene in the Proposition 8 federal challenge, and the court will now ask the California Supreme Court to consider whether the groups that placed Proposition 8 on the ballot have legal standing to appeal Judge Walker’s decision to overturn Prop. 8 on the grounds that the measure is unconstitutional.
Equality California filed the only amicus brief arguing that Imperial County lacked legal standing to appeal Prop. 8. In addition, out of the more than 25 amicus briefs submitted, the Ninth Circuit Court has chosen to send the California Supreme Court Equality California’s second amicus brief arguing that Prop. 8 proponent Protect Marriage also lacks legal standing to appeal.
Statement from Equality California Executive Director Geoff Kors:
“We are very pleased with the court’s decision to deny Imperial County standing, and it is clear the court wants to determine if California law allows proponents of a constitutional initiative to step into the state’s shoes when state officials decline to defend a measure that clearly violates the equal protections enshrined in the U.S. Constitution. We are optimistic that the case will be dismissed, marriage equality restored and that same-sex couples and their families will finally enjoy equality and dignity under the law.”