County of Imperial Seeks to Defend Proposition 8

ADVOCATES FOR FAITH AND FREEDOM FILES PETITION IN FEDERAL COURT FOR COUNTY TO INTERVENE IN PERRY V. SCHWARZENEGGER 

On December 15, 2009 in the San Francisco federal court, Advocates for Faith and Freedom filed a motion on behalf of the County of Imperial to intervene in the federal lawsuit challenging California’s Proposition 8, Perry v. Schwarzenegger.

The County of Imperial and Advocates for Faith and Freedom intend to defend the constitutionality of Proposition 8.  Advocates for Faith and Freedom is a nonprofit organization and is representing the County of Imperial without charge.

This is the federal case that will decide the “marriage” issue for the entire country and will likely end at the U.S. Supreme Court.  Until now, the cases challenging the constitutionality of laws that limit marriage to one man and one woman have generally occurred in state courts and have only concerned each state’s constitution.   

The following are just a few of the issues that have been identified by the San Francisco federal judge as issues to be addressed at trial:

     Whether the characteristics defining gays and lesbians as a class might in any way affect their ability to contribute to society;

     Whether sexual orientation can be changed, and if so, whether gays and lesbians should be encouraged to change it; 

     Whether the exclusion of same-sex couples from marriage leads to increased stability in opposite-sex marriage or alternatively whether permitting same-sex couples to marry destabilizes opposite-sex marriage; and

     Whether a married mother and father provide the optimal child-rearing environment and whether excluding same-sex couples from marriage promotes this environment.  

In November, 2008, California voters approved Proposition 8, which amended the California Constitution to provide:  “Only marriage between a man and a woman is valid or recognized in California.”  On May 26, 2009, the California Supreme Court upheld Proposition 8 as a validly enacted amendment to the California Constitution. The Plaintiffs in Perry v. Schwarzenegger, now seek to overturn Proposition 8 in federal court arguing that it violates the Equal Protection Clause and Due Process Clause of the United States Constitution.

Over 70% of the residents of the County of Imperial voted in favor of Proposition 8.  The Board of Supervisors has voted 3-2 to file the petition to intervene in order to ensure that their residents’ interests in preserving Proposition 8 are adequately represented.    

Although the “YES ON 8” campaign is a party to the case and is defending Proposition 8, current precedent in the 9th Circuit states that the campaign does not have standing to appeal if Proposition 8 is declared unconstitutional in the trial court.   

Further, the people cannot rely upon Attorney General Jerry Brown or Governor Arnold Schwarzenegger to defend Proposition 8 as both of them have publicly expressed their opposition to Proposition 8.  Therefore, the participation of the County of Imperial is imperative to the defense of Proposition 8 so that a negative decision can be appealed to the 9th Circuit Court of Appeal and then to the U.S. Supreme Court.  

The district court will set a hearing in San Francisco to determine whether to grant us intervention.  The County will request that the hearing be set on an expedited schedule.  The trial in the matter is scheduled to begin in San Francisco on January 11, 2010 and is expected to last at least six weeks. 

If we are permitted intervene, the costs to Advocates for Faith and Freedom to join in the defense of Proposition 8 at the trial level will be approximately $225,000.  We are trusting God to provide the financial resources necessary to defend traditional marriage not only for California, but now for the entire nation.  Please consider making a generous year-end gift to help us protect marriage for generations to come! 

This information is provided by Advocates for Faith and Freedom, a non-profit religious law firm dedicated to protecting religious liberty in the courts!  To help us in our ongoing battle for religious freedom, click here to donate to Advocates.