SF allowed to join federal challenge to Prop. 8

Pub date August 20, 2009
SectionPolitics Blog

By C. Nellie Nelson

U.S. District Court Judge Vaughn Walker has ruled that San Francisco will be added as a co-plaintiff in the federal court challenge to Proposition 8.

“Judge Walker found we were situated differently. We were the only party to put forth the societal and governmental costs of marriage discrimination. The city has a perspective that private parties and even the state do not bring,” City Attorney Dennis Herrera told the Guardian. “In painstaking detail we put forth costs incurred by the Department of Public Health. Tax consequences. Budget consequences.”

But Judge Walker ruled against naming other anti-Prop. 8 legal groups American Civil Liberties Union, Lambda Legal, and the National Center for Lesbian Rights as parties. He ruled that the Campaign for California Families, which seeks to uphold Prop. 8, could not be a party in the case either. The LGBT law blog lawdork.net summarizes Walker’s decisions, “In short, this has moved the LGBT legal organizations to the periphery of a very prominent and potentially landmark case.”