SAN FRANCISCO (CBS 5/AP/BCN) – California’s Imperial County has renewed its effort to defend the state’s gay marriage ban in a federal lawsuit.

The sponsors of Proposition 8 so far have taken the lead in defending the voter-approved law in court, after former Gov. Arnold Schwarzenegger and former Attorney General Jerry Brown refused to do so.

But the sponsors’ right to keep defending the law recently came under question, threatening the viability of the case before the 9th U.S. Circuit Court of Appeals.

If successful, the move by Imperial County could salvage the appeal, allowing county officials to step in as the primary defendants if the sponsors are removed.

Imperial County officials claim they should be allowed to intervene as defendants, saying they are directly affected by the law because they would be forced to perform gay marriages.

But the appeals court dismissed the request last month, questioning why the head county clerk, who issues marriage licenses, wasn’t part of the case. Then Imperial County Clerk Dolores Provencio declined to join.

The appeals court said that a request by a county clerk, rather than a deputy, “might have merit,” but did not decide the issue.

Now the county has elected a new clerk, Chuck Storey, who filed papers Friday seeking to join the defendants.

Storey, who took office in January, argued that his participation is “appropriate and necessary” to enable the court to decide the constitutionality of the voter initiative.

The clerk said in a statement Friday, “I took an oath of office to uphold the California Constitution, and Proposition 8 is part of the Constitution.”

A spokesman for two same-sex couples who challenged the ban with a civil rights lawsuit was not immediately available for comment.

The appeals panel has no deadline for acting on Storey’s request.

The 9th Circuit court currently is mulling the constitutionality of the 2008 ban that was struck down in August as a violation of gay Californians’ civil rights. But the three-judge panel said in January it can’t reach a decision until it knows if ballot proposition sponsors have legal standing to step in when the attorney general and governor refuse to defend voter-approved initiatives in court.

The California Supreme Court agreed last week to consider the standing issue and rule on the 9th Circuit question.

(© 2011 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

Comments (8)
  1. Jim says:


  2. pz says:

    Lame and wasteful use of tax payer dollars.

  3. Richard Dupler says:

    oh just give it up! Prop 8 is wrong, discriminatory and unconstitutional.

  4. Trixie Knickerbocker says:

    Prop 8 is part of the Mormonazis and has no place in lawbooks.

  5. SF Shelly says:

    “Imperial” county is one of the least educated and lowest income counties in the State. Go figure the need for self-validation by degrading or devaluing a minority group. When all else fails…target the gays; a group who probably represent less than 5% of their miserable county. Pathetic.

  6. Dannytelevision says:

    Chuck Storey is a bigot!

  7. Jim says:

    It appears because I believe in freedom of religion that I am a bigot, despite the fact the California Domesstic partnerships afford same sex couple the same rights as married couples. Marriage is not a right, it is a title to an institution, redefing the will of the voters takes awy my civil right to the freedom of religion. What right is taken away by defining criteria for marriage. I have not gone to medical school, nor law school, but think you are violating my civil rights because I can’t the title Dr Jim or Attorney Jim. You think this is absurd, as it is, but your claim to violating civil right is just as absurd, it is criteria for a title. Look up domestic partnerhsip laws…”shall have the same rights and powers as a married couple…” don’t tell me were taking away theri rights, they alreayd have it. Because I have a different opinion you call me a bigot, grow up.

    1. Sam B. says:

      @jim – you must be ignorant, since how does two men marrying have ANYTHING to do with your right to believe in a mythical, made up god? You still have the right to do so. No one has taken that away from you. You can still go to your ignorant church on whatever day of the week you choose, and you can still believe in non-existent spooks and ghosties and what-nots, and ya know what? WE still have the right to think you’re a frigging idiot for doing so. What you do NOT have the right to do is to withhold rights of others based on your silly little religion.

Leave a Reply

Please log in using one of these methods to post your comment:

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

Watch & Listen LIVE