Attorney's representing Imperial County assert the county has standing to file an appeal of California's Proposition 8 because no other governmental entity will, according to briefs filed Friday night.
"This case presents the truly extraordinary situation of a constitutional provision without a single governmental defender, because the Attorney General, Governor, and all other Government defendants are either not defending Proposition 8 or are taking an active position against Proposition 8, coupled with their subsequent refusals to appeal the decision of the district court declaring it unconstitutional," according to the brief.
Proposition 8, a 2008 ballot measure that banned gay marriage in California, was ruled unconstitutional in early August. The county had filed to intervene in the case December 2009 to ensure a party would be able to file an appeal should the proposition be overturned.
U.S. Federal District Chief Judge Vaughn Walker, while ruling Proposition 8 unconstitutional, also denied the county's request to intervene.
The brief filed Friday night is the appeal of both decisions.
For more information read Sunday's edition online or in print.
-- Elizabeth Varin, staff writer

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