Alliance Defense Fund seeks intervention in Burns v. State of California, a state lawsuit challenging Prop. 8

09/10/09 ADF news release:

In Burns v. State of California (San Francisco Sup. Ct., Case No. CGC-08-481908, filed 11/14/08), a same-sex couple and a lesbian allege that Prop. 8 violates the California constitution's guarantees of equal protection, due process and privacy. The plaintiffs' attorney, Waukeen McCoy, represented plaintiffs in the In re Marriage Cases, 43 Cal.4th 757 (Cal. 2008).

In Strauss v. Horton 46 Cal.4th 364 (Cal. 2009), the California Supreme Court carved out what it understands as a "narrow exception" to the equal protection clause of the state constitution. But according to the latest amended complaint, filed August 13th,

The Strauss Court limited itself to examining whether or not Proposition 8 was a revision or an amendment, and did not hear arguments ... whether the substance of the amendment itself [Article I, Section 7.5, which Prop. 8 added to the state constitution] was in line with the California Constitution. This case does not seek review of the validity of Proposition 8 ... Rather, this case seeks a resolution of the conflict between Article I, Section 7.5 and the equal protection and due process clauses of the California Constitution.

Will this distinction make a difference to the odds that the case survives dismissal? That question will receive a hearing scheduled on October 26th.

The Alliance Defense Fund seeks to intervene in the case on behalf of the official Prop. 8 proponents, who do not expect California Attorney General Jerry Brown to "vigorously defend" the law.