Earlier this year, the 9th U.S. Circuit Court of Appeals denied Imperial County’s right to defend the ban on gay marriage. It was the only jurisdiction that sought to appeal Judge Walker’s ruling on Proposition 8, and the county looked to overturn Judge Walker’s decision that denied its request to intervene in the case. In an update, the group Advocates for Faith and Freedom has filed another motion to intervene. When the county was first denied, the appeals court indicated that a motion to intervene signed by a deputy county clerk was insufficient, because the clerk lacked the necessary legal standing and was not an elected official. However, this time around, it appears that a motion will be filed on behalf of newly elected County Clerk Chuck Story. KXO Radio reports:
“The Advocates say they believe Story has sufficient standing to intervene because he is an elected official who will be directly involved with the outcome of the litigation. The attorneys say the question before the appellate court is “Does anyone have sufficient legal interest to appeal the district court ruling declaring proposition 8 unconstitutional?” They believe Story and Imperial County does. Jennifer Monk, Associate General Counsel for Advocates, says the case is not only important for influencing nationwide law regarding marriage, but it also is important for the people of California to have their vote respected.”
The legal standing of the initiative’s sponsors is also in question as they work to defend the ban. Notably, if the county’s new motion to intervene is approved, then the local jurisdiction could serve as the primary defendant in the case so that the appeal can move forward if the ban’s sponsors are denied legal standing. Currently, the state’s Supreme Court is weighing the issue of legal standing. For more, see here.