Main | Sunday, February 27, 2011

CALIFORNIA: Imperial County Doesn't Back Its Own Clerk On Prop 8 Filing

On Friday Imperial County clerk Chuck Storey filed to defend Prop 8 before the Ninth Circuit Court with the help of the anti-gay Christianist legal firm, Advocates for Faith & Freedom. But Storey's own county Board of Supervisors isn't behind him.
“He is taking up the banner, I guess if you will, on something we couldn’t legally do,” said county Board of Supervisors Chairman Jack Terrazas. “I kind of thought we were already out of it, and it was kind of a surprise that (Storey) stepped up to it.” The clerk-recorder, though, is an elected position and as such doesn’t fall under the Board of Supervisors, Terrazas said. The only control the board has is the approval of the clerk-recorder’s office budget. Storey’s decision to enter the case was a surprise for Terrazas, but it doesn’t change the county’s involvement. “As far as I’m concerned we’re out of it,” Terrazas said of the board.
In a top-of-site story on World Net Daily this weekend, lawyers from Advocates for Faith & Freedom claim that the Ninth Circuit will hear Storey's defense because he is an elected official, unlike the appointed deputy county clerk sent by Imperial County last time.
"The court did leave open the question as to whether a county clerk has sufficient standing," Tyler said. "It certainly seems to indicate it believes the county clerk would be appropriate." "Twice the voters of California have voted to uphold Proposition 8 and defend marriages," said Tyler, "and twice they have been challenged in the courts. We believe we have a government defendant who has a sufficient and compelling interest in defending Prop 8." "This case is not only important for influencing nationwide law regarding marriage," added Jennifer Monk, associate general counsel for Advocates. "But it is also important for the people of California to have their vote respected."

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