SF City Attorney Dennis Herrera: The Attempt To Reinstate Prop 8 Is Doomed

"This motion is a desperate obstruction tactic used in the vain hope of pursuing an unconstitutional agenda. The opponents of the freedom to marry have chosen to ignore the Supremacy Clause of the Constitution, a U.S. Supreme Court ruling, and the well-settled California marriage case of Lockyer v. San Francisco, which they themselves celebrated at the time. Their motion has essentially no chance to succeed. The most basic concepts of American law tell us that a state court cannot and will not overrule the federal judiciary. The citizens of California are left wondering when these people will realize that, having lost the moral struggle years and years ago, they have now lost the legal struggle as well. Marriage equality is now the law in the State of California, and will remain so from this point onward. Together we will soon see the day when it is the law all across America." - San Francisco City Attorney Dennis Herrera, via press release.

Prop 8 Trial Set, Gay Groups Excluded

A federal judge has set January 11th, 2010 as the start of the Olsen/Boies suit to overturn Proposition 8. The ACLU, the National Center for Lesbian Rights, and Lambda Legal were all denied in their request to be a party to the action. The judge did allow San Francisco City Attorney Dennis Herrera to take part, but only to assess Prop 8's impact on local governments.

Protect Marriage exults:

As the only party to Perry v Schwarzenegger that has consistently fought to preserve Prop.8, we are pleased with Judge Walker's decision to deny intervenor status to Campaign for California Families, the Our Family Coalition, Lambda Legal, and the National Center for Lesbian Rights. The motions for intervenor status clearly demonstrate the discord and disagreement that exists among gay activists as they continue to run roughshod in their efforts to overturn the will of the people in regards to upholding traditional marriage in California.

The ACLU complains:

On behalf of our clients, we are disappointed that the court did not permit organizations that represent California’s diverse lesbian, gay, bisexual, and transgender (LGBT) community to participate in the case as the Court weighs the harms inflicted by Proposition 8. The significance of this case for our entire community is enormous. To exclude the people whose very freedom is at stake is troubling. Our commitment to restoring marriage for all Californians is unwavering, and we will continue to do everything within our power to secure full equality and justice for LGBT people.

Law Dork 2.0 analyzes:

What the intervention rulings mean is that Ted Olson and David Boies, along with San Francisco City Attorney Dennis Herrera, will be the lawyers now controlling this challenge to Proposition 8, considered by many to be the most broad, grand-scale attack on marriage discrimination of all those brought in recent years. It is not yet clear how Vaughn ruled in terms of whether both plaintiff groups — the AFER plaintiffs and the City Intervenor-Plaintiff — will be responsible for all decisions or whether Walker named one lead plaintiff in the case. The ramifications of an appellate or Supreme Court ruling would have impact far outside California’s borders, with a success for the plaintiffs calling into question other state amendments banning lesbian and gay couples from marrying, as well as the federal Defense of Marriage Act.

Dennis Herrera cheers:

We're gratified that San Francisco has been granted a key role in the federal challenge to Proposition 8. In terms of our unique public sector perspective and the evidence we've already developed, we think the City is an extremely well-prepared co-plaintiff in the kind of trial Judge Walker envisions. We are ready to help put anti-gay discrimination on trial based on the facts, and our office has the experience and expertise to aggressively assist in doing exactly that.

SF City Attorney Dennis Herrera Wants In On Federal Marriage Suit

San Francisco City Attorney Dennis Herrera has filed a request to join the Olson/Boies federal suit to overturn Prop 8. Recently the ACLU, Lambda Legal, and the National Center for Lesbian Rights also requested standing in the suit, despite a fierce rebuffing by the Olson/Boies team.

The city would add "a unique local government perspective" to the case, along with its extensive legal experience in defending gay and lesbian rights, if allowed to intervene, City Attorney Dennis Herrera's office said in court papers. The city and leading gay-rights groups have been allowed to file written arguments supporting the challenge to Prop. 8. But only the plaintiffs -two couples and an organization represented by attorneys Theodore Olson and David Boies, adversaries in the 2000 Bush vs. Gore presidential election case - have the right to direct the case, negotiate with defenders of Prop. 8 and file appeals.

Herrera's office has promised to "work cooperatively" with the Olson/Boies team if allowed to join the suit.

SF City Attorney Files Amicus Brief On Behalf Of Federal Marriage Suit

San Francisco City Attorney Dennis Herrera has filed the first amicus brief in support of Ted Olson and David Boies' federal marriage suit.

"The constitutional challenge to Proposition 8 in federal court persuasively argues that the measure's only conceivable purpose was to withhold honor and respect from the relationships of same-sex couples, and to do so to them alone," Herrera said. "This kind of discrimination against lesbians and gay men as a class has been remedied before in our federal jurisprudence -- in Romer v. Evans, in Lawrence v. Texas, and in other cases. The plaintiffs here make a compelling case for the federal courts to ensure that justice is done in California, and I am pleased to offer San Francisco's expertise to support their efforts." Herrera's brief additionally supports the plaintiffs' motion for a preliminary injunction, which if granted would immediately require local governments in California to resume issuing civil marriage licenses to same-sex couples.

Two days ago California Attorney General Jerry Brown said that Prop 8 be kept legal until the federal suit is resolved.

Maddow Interviews SF City Attorney Dennis Herrera About Prop 8 Hearing

Last night Rachel Maddow interviewed SF City Attorney Dennis Herrera about the Prop 8 overturn hearings. They both take on Ken Starr's position that the public has an "unfettered right" to take away the rights of minorities.