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Ninth Circuit Rebuffs Imperial County On Prop 8 Case… Again

Wednesday, February 22nd, 2012

Prop 8 and Imperial CountyThe Ninth Circuit Court of Appeals today again slapped the hands of Imperial County Clerk Chuck Storey and his ill-fated attempts to intervene as a defendant-appellant in the Proposition 8 case known as Perry v. Brown.

On Feb. 7, the same day the Ninth Circuit made its big ruling affirming the unconstitutionality of California’s Proposition 8, the panel rejected an attempt by Storey, representing Imperial County, to intervene in the historic case.

Today, Judges Stephen R. Reinhard, Michael Daly Hawkins and N. Randy Smith, ruled that Storey is not entitled to petition for rehearing.

Full Story from SDGLN

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CA: New Imperial County Clerk Becoming Public Face of Prop 8

Sunday, March 20th, 2011

Prop 8Chuck Storey ran for county clerk-recorder in a remote, desert corner of southeast California on a pledge to run a lean operation in churning out government documents like property deeds, birth certificates and marriage licenses. “Imperial County needs a businessman,” he said during last year’s campaign.

Less than two months in office, the low-key real estate agent became something else: a very public face against gay marriage in California. Storey asked the 9th U.S. Circuit Court of Appeals last month to let him be the primary defendant in a lawsuit to uphold Proposition 8 — if a coalition of religious and conservative groups that sponsored the measure is removed.

Though Storey represents a county that voted overwhelmingly to ban gay marriage, his hometown critics say he was disingenuous when he didn’t raise his intentions earlier. Many voters thought the county’s role in the contentious issue ended Jan. 4 when the appeals court ruled its board of supervisors and deputy clerk had no legal standing to defend the ban.

Full Story from AJC.com

Click here for gay marriage resources in California.

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CA: Anti-Gay Law Firm to File Pro Prop 8 Brief on Behalf of Imperial County

Saturday, March 12th, 2011

Proposition 8The battle to uphold Proposition 8′s restrictions against gay marriage found new support from a Murrieta-based nonprofit law firm.

Advocates for Faith & Freedom plans to file legal briefs with the Ninth U.S. Circuit Court of Appeals by March 15 as it defends the Imperial County Clerk’s ability to enforce the definition of marriage as between a man and a woman. Advocates for Faith & Freedom announced their backing of newly-elected Imperial County Clerk Chuck Storey on Feb. 25.

Storey was sworn into office Jan. 3, and filed papers Feb. 25 to become one of the defendants in a federal lawsuit over the state’s voter-approved ban on same-sex marriages.

Full Story from Patch.com

Click here for gay marriage resources in California.

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Too Late for Last-Ditch Prop 8 Appeal By Imperial County?

Monday, February 28th, 2011

There is a certain smell in the air when it comes to the battle over marriage equality and Prop 8 in California- the smell of privilege and rank. In other words, these are people who want to break the rules so that they can continue to be bigots. Imperial County Clerk-Recorder Chuck Storey has asked to be allowed to intervene in the Prop 8 appeal in order to appeal the decision by Judge Vaughn Walker overturning Prop 8.

There is one slight problem- and it’s a doosy. The deadline to file to appeal the ruling passed six months ago.

It does not matter if Storey has standing with regards to the facts of the case. While it is correct that his job as the elected Clerk-Recorder for that county would be impacted, bad legal advice given to one of his deputies means that he has no right to file the appeal because of the lapsed time. Storey wrote in his filing to intervene “I am concerned that an unappealable ruling by a single district court striking down Proposition 8 would create significant confusion for me and other Imperial County deputy clerks and officials in the performance of our legal duties regarding marriage.”

Full Story From Lez Get Real

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CA: Imperial County Tries to Intervene in Prop 8 Case, Again

Friday, February 25th, 2011

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.

Full Story from the Imperial Valley Press

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CA: Imperial County Takes No Further Action on Prop 8 Case

Tuesday, January 11th, 2011

Prop 8No action was taken by the Imperial County Board of Supervisors Tuesday after they discussed the lawsuit over California’s gay marriage ban.

The board met in closed session to discuss the issue, and as such, the board can’t talk about what it discussed, said County Counsel Michael Rood.

The ninth circuit appellate court denied Imperial County’s motion to intervene as defendants of California’s Proposition 8, Rood said. The court asked the state Supreme Court to decide if another group trying to defend the proposition had standing.

Full Story from IV Press

Click here for gay marriage resources in California.

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CA: Private Religious Group Funding Imperial County’s $100K Prop 8 Appeal Bill

Sunday, October 17th, 2010

california gay marriageProposition 8 litigation is estimated to have cost more than $100,000 so far, with higher numbers set to come with the impending appeal process. Yet Imperial County has avoided paying those fees as the nonprofit firm representing it fundraises and works at no cost.

Since the county attempted to intervene as defendants of the gay marriage ban in December 2009, total costs are likely more than $100,000, Jennifer Monk, attorney with Advocates for Faith and Freedom, the group representing the county in federal court, said. There are costs like filing fees, which have been paid by the law firm, as well as attorney’s fees that have been donated.

Advocates for Faith and Freedom, described on its Web site as a firm “dedicated to protecting religious liberty in the court,” is funded by private individuals and corporations, Monk said. While she couldn’t release specific names, she said that a majority of the donations come from within the state, with a portion coming from around the nation.

Full Story from IV Press Online

Click here for gay marriage resources in California.

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CA: Imperial County Files Prop 8 Brief to Claim Standing in Case

Sunday, September 19th, 2010

Imperial County not only has standing to appeal Proposition 8, but it has a significant interest in keeping the ban on gay marriage, claim lawyers representing the county.

Advocates for Faith and Freedom filed its 77-page brief Friday near midnight in the U.S. 9th Circuit Court of Appeals that seeks to appeal two rulings made by a federal court judge in August: that a ban on gay marriage is unconstitutional and that Imperial County doesn’t have a direct interest to intervene in the case.

Proposition 8, a 2008 ballot measure that banned gay marriage in California, was ruled unconstitutional in early August. The county had filed to intervene in the case in December to ensure a party would be able to file an appeal should the proposition be overturned.

Full Story from IV Press Online

Click here for gay marriage resources.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

Imperial County Tries to Appeal Prop 8 Case

Tuesday, August 10th, 2010

The County of Imperial 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.

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.

Walker last week deemed the ballot initiative in violation of the U.S. Constitution in a case that is likely to wind its way to the U.S. Supreme Court.

Full Story from The LA Times

Click here for gay marriage resources.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.