City Attorney Calls Legal Ploy ‘Beyond Frivolous…Absurd’
SAN FRANCISCO (June 12, 2008)-The Campaign for California Families today filed with the California Court of Appeal a motion to stay the California Supreme Court’s May 15 ruling striking down state Family Code provisions that discriminate against gay and lesbian partners as unconstitutional. CCF filed a similar motion with the California Supreme Court on May 30, which was rejected by the high court on June 4.
In response to CCF’s filing, City Attorney Dennis Herrera issued the following statement:
“I am not aware of a process in American law that enables parties to effectively appeal a higher court ruling to a lower court,” said Herrera. “CCF’s request to the Court of Appeal to stay the Supreme Court decision-on grounds that the Supreme Court has already rejected-is beyond frivolous; it’s absurd. Today’s ploy has betrayed itself to be among the last desperate gasps of anti-gay discrimination in California. It is without merit or precedent, and I am confident it will be rejected by the Court of Appeal.”
Herrera pledged to file a response to the CCF filing in the coming days. The case is In re Marriage Cases, California Supreme Court, No. S147999.