U.S. District Court Grants Intervenor Status to Prop. 8 Proponents in Case Challenging Law’s Validity

July 2, 2009

SACRAMENTO, CA. (MetroCatholic) –  The official proponents of Proposition 8, last November’s successful initiative to restore marriage as being between a man and a woman in the California Constitution, were granted intervenor status by the U.S. District Court, Northern District of California in a lawsuit that challenges the constitutionality of Prop. 8.

“As the official proponents and campaign committee for Proposition 8, we are pleased that the court will allow us to defend marriage and the will of the people against challenges to the voter-approved measure,” said Andy Pugno, general counsel for ProtectMarriage.com.

“As we have seen in other legal challenges against the right of the people to protect traditional marriage in California’s laws, particularly the recent California Supreme Court decision to uphold Prop. 8, today’s ruling designating us to defend Prop. 8 reflects the unfortunate fact that, if left up to state officials, the will of the people would not be defended at all,” he added.

The plaintiffs filed a lawsuit, Perry v Schwarzenegger in May, challenging Prop. 8 on the basis that it violates the United States Constitution. They subsequently filed a motion for a preliminary injunction, which would suspend Prop. 8 and allow same-sex couples to resume obtaining marriage licenses while Perry v Schwarzenegger wound its way through the court system. A hearing on whether to issue the preliminary injunction is scheduled for July 2, 2009. In the ruling granting intervenor status to the official Proposition 8 proponents, the Court took notice of the fact that the California Attorney General was not defending the state’s laws as contemplated in the California Constitution.

“Marriage between a man and a woman predates government, is recognized as the foundation of the family, and has been twice reaffirmed in a statewide vote as the will of the people in California,” said Pugno. “We look forward to helping safeguard what the voters have put in place as this lawsuit moves forward.”

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