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Federal judge denies advocacy group motions to intervene in Proposition 8 suit

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] A judge in the US District Court for the Northern District of California ruled Wednesday that several gay rights groups may not intervene in a lawsuit challenging California's constitutional amendment banning same-sex marriage, Proposition 8, on federal constitutional grounds. Judge Vaughn Walker denied requests to intervene filed by groups represented by the American Civil Liberties Union (ACLU), Lambda Legal and the National Council of La Raza (NCLR). Walker also denied a similar request by the Campaign for California Families, which supported Proposition 8. Lambda Legal said in a statement that it "anticipates continuing to support the case as an amicus." Walker set a trial date for January 11, 2010. The lawsuit was filed in May by former US solicitor general Ted Olson and prominent litigator David Boies, who were opposing counsel in Bush v. Gore, which decided the outcome of the contested 2000 US Presidential election. The challenge was announced shortly after the California Supreme Court ruled that state law challenges to the ban lacked merit. Proposition 8, approved by voters in November, was a response to the California Supreme Court's decision last year striking down a statutory ban on same-sex marriage as violating the equal protection and privacy provisions of the state constitution. The amendment has become a focal point for gay rights, prompting donors from across the US and several foreign countries to contribute $83 million in total for both sides of the issue, setting US fundraising records.

Full post as published by JURIST - The Paper Chase on August 20, 2009 (boomark / email).