Weighing in as "amicus curiae" in another high profile case before the federal Ninth Circuit Court of Appeals, our Center for Constitutional Jurisprudence has filed two briefs in the Proposition 8 litigation, trying to protect the traditional definition of marriage. The first is in support of Proponents of the Initiative, who are trying to pursue the appeal of Judge Vaughn Walker's decision holding that Proposition 8 was unconstitutional. It argues at length why the Initiative Proponents have the legal authority to pursue the appeal on behalf of the more than 7 million voters in California who approved the Proposition in November 2008.
The second was filed on behalf of Imperial County, which had been denied intervention in the district court. Our CCJ brief argued that Imperial County had a right to intervene to defend Proposition 8, and that the Judge's refusal to let it (while letting San Francisco intervene to attack Proposition 8) demonstrated how skewed the trial court proceedings actually were. Argument in the case is set for the first week of December.