By Mario Conde
The American Civil Liberties Union decided to go forward with the investigation against the County of Imperial since they did not break any Brown Act rulings but is still against the way they decided to intervene.
The County Board heard last Tuesday a lengthy discussion by the public in favor and against the intervention of the board in the Gay marriage issue.
The County Board of Supervisors decided to intervene in a lawsuit in the federal courts that is trying to overrule proposition 8 that passed in November 2008. The Board decided to intervene arguing that the voters of the Imperial Valley voted 70% in favor of this measure. The board gave direction County Counsel not to engage in separate discovery or participate through the introduction of new evidence at trial.
While reserving the right to present legal argument should become necessary, it is anticipated that in the District Court the County, Board and its officials will not present legal arguments but rather will likely adopt the arguments the official proponents in support of the constitutionality of proposition 8.
The Advocates for Faith and Freedom filed a motion in the Court in San Francisco on behalf of the County of Imperial to intervene in the federal lawsuit challenging California’s Proposition 8, Perry v. Schwarzenegger. In a press release made by the group, they say this is the federal case that may decide the definition of “marriage” for the entire country and will likely end at the U.S. Supreme Court. Until now, the organization said, the cases challenging the constitutionality of laws that limit marriage to one man and one woman have generally occurred in state courts and have only concerned each state’s constitution.
The group said that the Federal Judge in San Francisco will look at the following issues during that case the includes: whether the characteristics defining gays and lesbians as a class might in any way affect their ability to contribute to society; whether sexual orientation can be changed, and if so, whether gays and lesbians should be encouraged to change it; whether the exclusion of same-sex couples from marriage leads to increased stability in opposite-sex marriage or alternatively whether permitting same-sex couples to marry destabilizes opposite-sex marriage; and whether a married mother and father provide the optimal child-rearing environment and whether excluding same-sex couples from marriage promotes this environment
The participation of the County of Imperial is imperative to the defense of Proposition 8 to assure the case can be appealed to the Ninth Circuit Court of Appeals and then to the U.S. Supreme Court.
“We are trusting God to provide the financial resources necessary to defend traditional marriage not only for California, but now for the entire nation. Please consider making a generous year-end gift to help us protect marriage for generations to come.” The group said.