UPDATE: The amazing Therese Stewart, San Francisco's Chief Deputy Attorney, is more than happy to contribute to the "factual record" that Judge Walker is asking for in this case. Why? "Stewart’s been trying to get a judge to look at the facts about sexual orientation and discrimination for about four years," reports Legal Pad. And boy, does she got a record to give! Read more.
San Francisco has followed ACLU, NCLR and Lambda Legal in filing a motion to intervene in the federal case challenging Prop 8, the case headed up by power team Ted Olson and David Boies. (Read brief.) With Judge Vaughn Walker wanting to fast track the case while keeping a very thorough record for appellate courts, this new motion could possibly slow the process down while adding to the already building tension surrounding the case. Yet at the same time, it will add to the record.
The American Foundation for Equal Rights (AFER), which currently has the sole right to direct the case and is funding the lawsuit, filed as plaintiffs along with two same-sex couples. Its president, Chad Griffin, sent a letter to the three organizations accusing them of trying to wrestle control of the case, or in the very least, take credit for its possible success. AFER had reached out to the groups before filing, but they declined to be involved.
In its filing, San Francisco said it would add "a unique local government perspective" and extensive LGBT rights experience to the case, if allowed to intervene, according to the San Francisco Chronicle. The city pledged to cooperate with the attorneys for the plaintiffs.
Chief U.S. District Judge Vaughn Walker scheduled a hearing on San Francisco's motion to intervene for August 19. A hearing is still expected on the earlier motion to intervene filed by the National Center for Lesbian Rights, Lambda Legal and the American Civil Liberties Union.