Monday, December 15, 2008

Contra Costa becomes first county to vote against joining Prop. 8 lawsuit

Although more than 55 percent of Contra Costa County voters opposed the gay marriage ban on the November ballot, county supervisors have voted against joining the lawsuit against the measure, making Contra Costa the first Bay Area county to stay on the sideline, angering the area's gays.

A dozen more cities and counties — including Alameda, San Mateo and Marin counties and the city of Oakland — on Wednesday joined the petition challenging Prop. 8 in the state's highest court. Voters statewide passed the law Nov. 4, and the city and county of San Francisco, city of Los Angeles and Santa Clara County filed the petition the next day, claiming Prop. 8 violates the state constitution's equality provisions.

In closed session Tuesday, Contra Costa supervisors voted 4-1, with Supervisor John Gioia of Richmond dissenting, not to join the lawsuit. Most other Bay Area counties have taken up the fight, with the exception of Solano, Napa and Sonoma, which have not decided what to do. Sonoma County supervisors plan to discuss the lawsuit in closed session Tuesday.

"I'm very disappointed that we couldn't find three members of the board. Given that the board consists of three women and one person of color, you'd think they'd understand the equal protection clause of the Constitution," said Ben Barr, executive director of Rainbow Community Center of Contra Costa County, located in Concord.

"Contra Costa is still a very conservative county, and Advertisementchange comes slowly, and I don't think the Board of Supervisors realize how much diversity exists in Contra Costa County."

Voters in four of the five county supervisorial districts voted against Prop. 8, but Supervisor Mary Piepho of Discovery Bay said that did not play a role.

"It wasn't a countywide vote, it was a statewide vote," she said.

There was little discussion of the merits or morals of Prop. 8 in the board's decision, supervisors said.

"I think, collectively, we feel there's so much going on in the county, and our policy-making decisions are where we need to be concentrating, especially on the same day that we had to cut jobs," said Supervisor Federal Glover of Pittsburg. He was referring to the board's latest $18.5 million budget cut finished minutes before the closed session. Glover's District 5 was the only district whose voters supported the same-sex marriage ban.

Supervisor Susan Bonilla's District 4 voted against Prop. 8.

"It's not an issue of not listening, it's the issue of where our focus needs to remain, and I agree we need to very clearly be focusing our energies on the immediate financial crisis," the Concord resident said.

"We have so much on our plate right now, particularly after having a day where we were slashing jobs and positions," said Supervisor Gayle Uilkema of Lafayette.

Of the four board members who voted against joining the lawsuit, only Piepho revealed her personal beliefs on same-sex marriage.

"I voted my conscience in the election," Piepho said. "I believe the definition of marriage is between that of a man and woman."

Foes of same-sex marriage supported the board's action.

"We're pleased to see that the county sees it's unnecessary to jump into the middle of this legal battle," said Andrew Pugno, legal counsel for Protectmarriage.com. "Generally, we don't feel that counties and cities should be getting involved at all because the people have already spoken, and now the question is strictly a legal matter for the courts."

Gioia was the lone supervisor voting to join the lawsuit. He said it would not have cost the county anything.

"I believe in the underlying argument that Prop. 8 violates constitutional rights, and voters expressed their will in Contra Costa and opposed Prop. 8," he said.



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  • Contra Costa supervisors to vote on five-year, $250,000 a year pact with new administrator
  • Candidate forums to be televised, on Web
  • Voters can tune in to candidate forums
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