Yes on 8 (again) opposes intervention by Campaign for California Families in Perry case: here are the filings

08/17/09 San Jose Mercury News / ADF Alliance Alert:

I credit this ADF Alliance Alert for correcting my oversight about the Alliance Defense Fund (ADF), even though my correction underscores a controversy that involves ADF.

The Alert links to a San Jose Mercury News article on what I've been calling Affaire de AFER. As readers of this site know, the American Foundation for Equal Rights (AFER) has contested efforts by several gay-rights groups to intervene on behalf of additional plaintiffs in the federal challenge to Prop. 8, Perry v. Schwarzenneger. David Boies and Theodore Olson have recently filed a brief on why these groups should not be allowed to intervene.

In one of my posts on the "Affaire," I considered whether defenders of Prop. 8 are also at loggerheads over their respective roles in the Perry case. Unfortunately, I overlooked the relevant filings by the counsel for Yes on 8, Cooper & Kirk and ADF. The San Jose Mercury News today led me to renew my search of these filings:

Proposition 8 backers, however, are also trying to keep an anti-gay marriage group, the Campaign for California Families, out of the case. Among other things, they note that the campaign originally "was an outspoken critic" of Proposition 8, undercutting their ability to defend the law.

Here Yes on 8 explains why it has again opposed an intervention motion by its nemesis, the Campaign for California Families (CCF). In a declaration, ADF attorney Jim Campbell describes other examples of such opposition. (The examples are here and here.) Every time CCF tried to intervene in cases related to state litigation over Prop. 8, Yes on 8 opposed the attempt. In one instance, ADF was co-counsel, and has its own history of contratemps with Liberty Counsel, which represents CCF.