Capitol Alert: Imperial County clerk files motion to join Prop. 8 case

The elected clerk of Imperial County, Chuck Storey, filed a motion today to intervene in ongoing proceedings over Proposition 8, the 2008 voter-approved ballot measure that prohibited same-sex marriage.

The filing follows the 9th U.S. Circuit Court of Appeals' rejection of a similar request for standing in the case made by the county's board of supervisors and unelected deputy clerk. The three-judge panel had found last month that "the board plays no role with regard to marriage, which is 'a matter of statewide concern' rather than a 'municipal affair.' "

The 9th Circuit panel had also criticized attorney Robert Tyler, who represented the deputy clerk and the board of supervisors, for listing a deputy clerk, and not the elected clerk, as an official seeking standing in the case.

The standing issue has taken a central role in the case because former Gov. Arnold Schwarzenegger and former Attorney General Jerry Brown refused to defend Proposition 8. Now governor, Brown has not changed his stance.

The ballot's proponents, ProtectMarriage.com, are arguing that they should have standing to defend the law since state officials have refused to do so.

Storey took office on Jan. 3, a day before the court heard oral arguments on the issue, according to his motion. Tyler did not indicate why the previous Imperial County clerk had not requested standing in the case.

A news release from the group Advocates for Faith & Freedom, where Tyler is general counsel, said, "The Ninth Circuit left open the question of whether an elected county clerk rather than just a deputy county clerk would have sufficient standing."

Storey's motion said he was bound to uphold the state constitution "inclusive of Proposition 8."

"As such," the motion read, "he has a protectable interest and has timely sought to intervene in this matter."

Tyler said Proposition 8's fate has a direct impact on Storey's work.

"The decision of Proposition 8 will directly affect the performance of the county clerk in relation to the issuance of marriage licenses so it's important for him to be involved," Tyler said.

Rick Jacobs, chairman of the advocacy group Courage Campaign, which has filed amicus briefs against Proposition 8, said Storey was joining too late in the case to make a difference.

"I think this is a pretty thin thread," Jacobs said. "They dug someone up at the last minute, and they're desperate."

Still, Jacobs said the new clerk's entry into the case could change its dynamics.

"I don't see a big difference, but they might," Jacobs said. "And I don't want to presume what they will judge."

Today's motion marks the latest twist in the case's long legal journey. Two same-sex couples successfully challenged the constitutional amendment in the U.S. District Court in San Francisco in May, but the measure's proponents, ProtectMarraige.com, appealed that ruling to the 9th Circuit.

Last week, the state Supreme Court accepted a request by the 9th Circuit to consider whether ProtectMarraige.com had standing under state law to defend Proposition 8. That promises to delay the case's resolution in the 9th Circuit at least until later this year.