Source:
Sacramento BeeImperial County, the lone California jurisdiction defending Proposition 8 on appeal, announced today that it has filed its opening brief arguing its right to defend the voter-enacted same-sex marriage ban.
... Imperial County is represented, pro bono, by Advocates for Faith & Freedom, a nonprofit law firm in Murrieta whose mission is "protecting religious liberty in the courts." Nearly 70 percent of Imperial County's voters approved of Proposition 8.
"It is a long held principle in California that it is 'the duty of the courts to jealously guard the right of the people' to exercise their initiative power, which is described as 'one of he most precious rights of our democratic process,' " Imperial County's brief argues. "The district court in this case failed to recognize his role as a judge as opposed to a policy maker."
... The Arizona-based Alliance Defense Fund, part of the team appealing Walker's ruling, said in its brief ... that the judge's ruling "defames as anti-gay bigots not only seven million California voters, but everyone else in this county, and elsewhere, who believes that the traditional opposite-sex definition of marriage continues to meaningfully serve the legitimate interests of society."
The brief cites comments from President Obama, who has said he believes marriage is between a man and a woman, as well as court rulings the team argues Walker failed to take into account in his ruling.
Read more:
http://blogs.sacbee.com/capitolalertlatest/2010/09/imperial-county-prop-8-lawyers.html