In a previous diary titled Prop 8: Proponents May Lack Standing to Appeal, I mentioned that on the same day Judge Walker ruled that Proposition 8 is unconstitutional, the Court also entered his 17-page Order denying the motion of Imperial County to intervene in the case. Imperial County, which is backed by "Advocates for Faith and Freedom," sought the ability to intervene in Perry v. Schwarzenegger in order to bring an appeal to the Ninth Circuit because concerns about the Defendant-Intervenor's standing had arisen. Judge Walker, in considering Imperial County's Motion to Intervene, "noted that 'Imperial County raises serious concerns whether the existing defendants are willing and able to seek appellate review.' But, he concluded," Imperial County itself lacked standing."
Today, Imperial County filed a Notice of Appeal with the United States District Court for the Northern District of California.
A Notice of Appeal merely states to the Court the intention to file an appeal of the Court's decision, so its text is brief. The following is the text of Imperial County's notice:
Notice is hereby given under Fed. R. App. P. 3 that Proposed Intervenors County of Imperial of the State of California, Board of Supervisors of Imperial County, and Isabel Vargas in her official capacity as Deputy Clerk/Deputy Commissioner of Civil Marriages for the County of Imperial hereby appeal to the United States Court of Appeals for the Ninth Circuit from the United State (sic) District Court for the Northern District of California's order denying their motion to intervene (Doc # 709), dated August 4, 2010, and from the court's order finding Proposition 8 unconstitutional (Doc # 708), dated August 4, 2010.
The notice is signed by Robert Tyler of Advocates for Faith and Freedom located in Murrieta, attorneys for the Proposed Intervenors.
While the Los Angeles Times states that Imperial County "filed an appeal Tuesday with the 9th Circuit Court of Appeals challenging U.S. District Judge Vaughn Walker's ruling that deemed Proposition 8's ban of same-sex marriage unconstitutional," no such appeal appears yet on the Ninth Circuit's online Pacer system.
Los Angeles Times further reports:
The County Board of Supervisors voted 4-1 earlier in the day to approve the appeal, according to the Imperial Valley Press. Close to 70% of Imperial County voters approved Prop. 8, which enshrined a definition of marriage as between one man and one woman in the state Constitution.
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"The personal opinion of a single judge in San Francisco should not be substituted for the opinion of over 7 million voters," Advocates for Faith and Freedom General Counsel Robert Tyler said in a statement.
In separate news, the American Bar Association today voiced its support for Judge Walker's decision by issuing a resolution.
The association's resolution states, "RESOLVED, That the American Bar Association urges state, territorial, and tribal governments to eliminate all of their legal barriers to civil marriage between two persons of the same sex who are otherwise eligible to marry."
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A former BAR president, Tommy Wells, said that "[Same-sex couples] are only seeking to participate in an equal basis in a foundational institution of our civil life. They simply want to share in the legal blessings that we give to married couples. It can only strengthen marriage." http://www.passportmagazine.com/...