CA: Judge declines outside intervention in gay marriage lawsuits

AP via San Luis Obispo Tribune ^ | Apr. 08, 2004 | Associated Press

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SAN FRANCISCO - A state judge on Thursday declined to allow gay marriage opponents to intervene in lawsuits challenging the constitutionality of a California law defining marriage between a man and woman.

The Proposition 22 Legal Defense and Educational Fund and the Alliance Defense Fund sought to inject themselves into the case to argue against gay marriage.

San Francisco County Superior Court Judge James Warren declined the request, saying the groups would not be harmed however the litigation ends.

In 2000, 4.6 million Californians approved Proposition 22 defining marriage as a union of a woman and man.

San Francisco Mayor Gavin Newsom sued earlier this year to overturn the law, alleging the state constitution would permit a gay marriage. Six gay couples also sued and the two groups wanted to intervene in those cases.

Newsom’s administration married about 4,000 couples earlier this year before the California Supreme Court halted them. In different litigation, the high court is mulling whether Newsom had the authority to distribute the same-sex marriage licenses.

Robert Tyler, an attorney for the Alliance Defense Fund, said the Arizona-based conservative group may appeal Warren’s decision.

“We have been prevented from being allowed to present a defense,” Tyler said.

Shannon Minter, legal director for the National Center for Lesbian Rights who is representing the gay couples in one of the lawsuits, said the judge declined to allow “undue influence by an outside group with no direct interest in the case.”

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LATimes Excerpt

Attorneys for the Proposition 22 Legal Defense and Education Fund had argued that the group should be permitted to participate in the case on behalf of the state because its members had voted for the successful ballot measure that defined marriage as heterosexual.

A successful challenge to state marriage laws would neutralize those votes, said Alliance Defense Fund lawyer Robert Tyler, who is representing the Proposition 22 organization.

Tyler also questioned state Atty. Gen. Bill Lockyer’s commitment to vigorous defense of state marriage laws, noting that Lockyer was considering a run for higher office and had publicly stated his opposition to laws that discriminate against gays and lesbians.

“We have an attorney general whose political perspective is far different from the one he has to defend,” Tyler argued.

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[little jeremiah]

Homosexual Agenda Ping! Bad, bad Judge Alert.

Maybe legal minds can comment about the legality of this. Stinks to me.

California is more and more reminiscent of a cesspool.

Let me know if anyone wants on/off this pinglist.

What a sick Nazgul that judge is. CA is like a nightmare circus.

[mrustow]

Judge James Warren has done everything but go to San Francisco City Hall to officiate at same-sex "weddings." At the rate he's going, that'll come yet.

[little jeremiah]

Maybe he's participated as a newlywed? Is he the judge that is "gay"? (Or one of them, probably.)

My only comment is:

This handbasket is rather itchy, and I notice a south-bound directional movement. Speeding up, and the percentage of downgrade seems to be increasing.