Case: Perry v. Schwarzenegger

3:09-cv-02292 | U.S. District Court for the Northern District of California

Filed Date: May 22, 2009

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Case Summary

On May 22, 2009, two same-sex couples who had been denied marriage licenses in California filed a lawsuit under 42 U.S.C. § 1983 against the State of California in the U.S. District Court for the Northern District of California, San Francisco Division. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, alleging a Fourteenth Amendment violation. Specifically, the plaintiffs claimed that California, by amending its constitution in 2008 to once a…

For a short while, same-sex marriage had been legal in California. In May 2008, the California Supreme Court held that state statutes limiting marriage to opposite-sex applicants violated the California Constitution, In re Marriage Cases, 183 P.3d 384 (Cal. 2008), and for several months after that same-sex couples had been able to marry. In November 2008, however, California's electorate adopted Proposition 8, a constitutional amendment that reinstated the opposite-sex limitation on marriage. Several lawsuits were filed to challenge the validity of the amendment under various state constitutional provisions, but on May 26, 2009, the California Supreme Court held that while same-sex marriage contracted before its passage remained valid, Proposition 8 had been lawfully enacted. Strauss v. Horton, 207 P.3d 48 (Cal. 2009).

This case was filed three days prior to the Strauss decision. On July 2, 2009, the City and County of San Francisco moved to intervene, and on August 19, the District Court (Judge Vaughn R. Walker) allowed their intervention, albeit in a limited capacity. Because the governor and attorney general of California refused to defend Proposition 8, its official proponents moved to intervene, and their motion was also granted.

On August 4, 2010, the Court (Judge Walker) held in favor of the plaintiffs, overturning Proposition 8 as a violation of the due process and equal protection clauses of the Fourteenth Amendment. Perry v. Schwarzenegger, 704 F. Supp. 2d 921 (N.D. Cal. 2010). It found that California had no rational basis for denying marriage licenses to same-sex couples and granted the plaintiffs' request for a permanent injunction barring enforcement of Proposition 8.

On the day the District Court's ruling came down, the defendant-interveners appealed it to the U.S. Court of Appeals for the Ninth Circuit, and on August 12 they moved for a stay of the District Court's injunction. The Court of Appeals granted their motion on August 16.

On February 7, 2012, a three-judge Ninth Circuit panel ruled 2-1 in favor of the plaintiffs, declaring Proposition 8 unconstitutional. Perry v. Brown, 671 F.3d 1052 (9th Cir. 2012). The Court (Judge Stephen Reinhardt) found that it did not need to consider the rationale of the District Court, deciding instead on a narrower ground specific to the Californian context. Drawing heavily on the Supreme Court's language and reasoning in Romer v. Evans, 517 U.S. 620 (1996), the Court held that because California had already offered same-sex couples the right to marry, and because it still offered them a status identical in all but name, Proposition 8 did nothing more than inflict dignitary harm on same-sex couples and thus had no rational basis.

On February 21, 2012, the defendant-interveners requested en banc review of the panel's decision by the entire Ninth Circuit, but their request was denied on June 5, leaving them ninety days to file a petition for writ of certiorari in the Supreme Court. Injunctive relief has been stayed pending appeal.

On December 7, 2012, the Supreme Court granted certiorari, agreeing to review the case. The court ordered briefing on two questions on review: (1) whether the Equal Protection Clause makes unconstitutional California's definition of marriage as available only to different sex couples, and (2) whether the backers of Proposition 8 have standing to appeal the 9th Circuit decision striking it down.

On June 26, 2013, in an opinion by Chief Justice Roberts (joined by Justices Scalia, Ginsburg, Breyer, and Kagan), the Supreme Court found that nobody with standing to appeal had, in fact, appealed the district court ruling, and accordingly vacated that decision. This left in place the district court's decision striking Prop 8 down -- so same-sex marriage is legal is California.


0:12-00144	Supreme Court docket Hollingsworth v. Perry Supreme Court of the United States	Feb. 28, 2013	Feb. 28, 2013 Docket
3:09-cv-02292	Docket [PACER]	Sept. 3, 2013	Sept. 3, 2013 Docket
1-1 3:09-cv-02292	Complaint for Declaratory, Injunctive, or Other Relief	May 22, 2009	May 22, 2009 Complaint
	Make Change, Not Lawsuits [Perry v. Schwarzenegger] No Court	May 27, 2009	May 27, 2009 Press Release
161 3:09-cv-02292	[City and County of San Francisco's] Complaint in Intervention for Declaratory, Injunctive or Other Relief	Aug. 20, 2009	Aug. 20, 2009 Complaint
708 3:09-cv-02292	[District Court] Order [Enjoining Enforcement of Proposition 8]	Aug. 4, 2010	Aug. 4, 2010 Order/Opinion 704 F.Supp.2d 921
4 10-16696	Defendant-Intervenors-Appellants Dennis Hollingworth, Gail J. Knight, Martin F. Gutierrez, Mark A. Jansson, and Protectmarriage.com’s Emergency Motion for Stay Pending Appeal U.S. Court of Appeals for the Ninth Circuit	Aug. 12, 2010	Aug. 12, 2010 Pleading / Motion / Brief
14 10-16696	Order U.S. Court of Appeals for the Ninth Circuit	Aug. 16, 2010	Aug. 16, 2010 Order/Opinion 2010 WL 3212786
3 10-16751	Order U.S. Court of Appeals for the Ninth Circuit	Aug. 17, 2010	Aug. 17, 2010 Order/Opinion
10-16696	[Ninth Circuit] Opinion [Affirming the District Court's Judgment] Perry v. Brown U.S. Court of Appeals for the Ninth Circuit	Feb. 7, 2012	Feb. 7, 2012 Order/Opinion 671 F.3d 1052

ECF Number	Date	Description	Link
1	May 22, 2009	COMPLAINT for Declaratory, Injunctive or other Relief - [Summons Issued] against Arnold Schwarzenegger, Edmund G. Brown, Jr, Mark B. Horton, Linette Scott, Patrick O'Connell & Dean C. Logan, [Filing Fee: $350.00, Receipt Number 34611032459] Filed by Plaintiffs Sandra B. Stier, Kristin M. Perry, Paul T. Katami & Jeffrey J. Zarrillo. (tn, COURT STAFF) (Filed on 5/22/2009) (tn, COURT STAFF). (Additional attachment(s) added on 5/26/2009: # 1 Complaint) (tn, COURT STAFF). (Entered: 05/26/2009) 1 Complaint View on RECAP	RECAP
2	May 22, 2009	SUMMONS Issued as to Defendants Arnold Schwarzenegger, Edmund G. Brown, Jr, Mark B. Horton, Linette Scott, Patrick O'Connell & Dean C. Logan. (tn, COURT STAFF) (Filed on 5/22/2009) (tn, COURT STAFF). (Entered: 05/26/2009)	RECAP
3	May 22, 2009	ADR SCHEDULING ORDER: Joint Case Management Statement due 8/27/2009 & InitialCase Management Conference set for 9/3/2009 at 3:30 PM.. (tn, COURT STAFF) (Filed on 5/22/2009) (tn, COURT STAFF). (Entered: 05/26/2009)	RECAP
4	May 22, 2009	CERTIFICATION of Interested Entities or Persons Filed by Plaintiffs Sandra B. Stier, Kristin M. Perry, Paul T. Katami & Jeffrey J. Zarrillo. (tn, COURT STAFF) (Filed on 5/22/2009) (tn, COURT STAFF). (Entered: 05/26/2009)	RECAP
5	May 22, 2009	APPLICATION of Attorney Matthew D. McGill for Leave to Appear in Pro Hac Vice -[Filing Fee: $210.00, Receipt Number 34611032460] Filed by Plaintiffs Sandra B. Stier, Kristin M. Perry, Paul T. Katami & Jeffrey J. Zarrillo. (tn, COURT STAFF) (Filed on 5/22/2009) (tn, COURT STAFF). (Entered: 05/26/2009)	RECAP
6	May 22, 2009	[Proposed] Order Granting re 5 Application for Admission of AttorneyPro Hac Vice Submitted by Plaintiffs Sandra B. Stier, Kristin M. Perry, Paul T. Katami & Jeffrey J. Zarrillo. (tn, COURT STAFF) (Filed on 5/22/2009) (tn, COURT STAFF). (Entered: 05/26/2009)	RECAP
	May 22, 2009	Case Referred to ECF
	May 22, 2009	CASE DESIGNATED for Electronic Filing. (tn, COURT STAFF)
18	May 26, 2009	MOTION of David Boies for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611032473.) filed by Sandra B. Stier, Kristin M. Perry, Paul T. Katami, Jeffrey J. Zarrillo. (rcs, COURT STAFF) (Filed on 5/26/2009) (gsa, COURT STAFF). (Entered: 05/29/2009)	RECAP
7	May 27, 2009	MOTION for Preliminary Injunction filed by Sandra B. Stier, Kristin M. Perry, Paul T. Katami, Jeffrey J. Zarrillo. Motion Hearing set for 7/2/2009 10:00 AM in Courtroom 6, 17th Floor, San Francisco. (Attachments: # 1 Affidavit Katami Declaration, # 2 Affidavit Perry Declaration, # 3 Affidavit Stier Declaration, # 4 Affidavit Zarrillo Declaration, # 5 Proposed Order Granting Preliminary Injunction)(Boutrous, Theodore) (Filed on 5/27/2009) (Entered: 05/27/2009) 1 Affidavit Katami Declaration View on RECAP 2 Affidavit Perry Declaration View on RECAP 3 Affidavit Stier Declaration View on RECAP 4 Affidavit Zarrillo Declaration View on RECAP 5 Proposed Order Granting Preliminary Injunction View on RECAP	RECAP
8	May 28, 2009	MOTION to Intervene filed by Proposition 8 Official Proponents, Dennis Hollingsworth, Gail J. Knight, Martin F. Gutierrez, Hak-Shing William Tam, Mark A. Jansson, ProtectMarriage.com - Yes on 8, A Project of California Renewal. Motion Hearing set for 7/2/2009 10:00 AM in Courtroom 6, 17th Floor, San Francisco. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Proposed Order, # 16 Certificate of Service)(Chandler, Timothy) (Filed on 5/28/2009) (Entered: 05/28/2009) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP 5 Exhibit E View on RECAP 6 Exhibit F View on RECAP 7 Exhibit G View on RECAP 8 Exhibit H View on RECAP 9 Exhibit I View on RECAP 10 Exhibit J View on RECAP 11 Exhibit K View on RECAP 12 Exhibit L View on RECAP 13 Exhibit M View on RECAP 14 Exhibit N View on RECAP 15 Proposed Order View on RECAP 16 Certificate of Service View on PACER	RECAP
9	May 28, 2009	Proposed Intervenors' ANSWER to Complaint byDennis Hollingsworth, Gail J. Knight, Martin F. Gutierrez, Hak-Shing William Tam, Mark A. Jansson, ProtectMarriage.com - Yes on 8, A Project of California Renewal. (Attachments: # 1 Certificate of Service)(Chandler, Timothy) (Filed on 5/28/2009) (Entered: 05/28/2009) 1 Certificate of Service View on RECAP	RECAP
10	May 28, 2009	Certificate of Interested Entities by Dennis Hollingsworth, Gail J. Knight, Martin F. Gutierrez, Hak-Shing William Tam, Mark A. Jansson, ProtectMarriage.com - Yes on 8, A Project of California Renewal (Attachments: # 1 Certificate of Service)(Chandler, Timothy) (Filed on 5/28/2009) (Entered: 05/28/2009) 1 Certificate of Service View on PACER	RECAP
11	May 29, 2009	CERTIFICATE OF SERVICE by Sandra B. Stier, Kristin M. Perry, Paul T. Katami, Jeffrey J. Zarrillo OF SUMMONS, COMPLAINT, MOTION FOR PRELIMINARY INJUNCTION, etc., ON EDMUND G. BROWN (Dettmer, Ethan) (Filed on 5/29/2009) (Entered: 05/29/2009)	RECAP
12	May 29, 2009	CERTIFICATE OF SERVICE by Sandra B. Stier, Kristin M. Perry, Paul T. Katami, Jeffrey J. Zarrillo OF SUMMONS, COMPLAINT, MOTION FOR PRELIMINARY INJUNCTION, etc., ON PATRICK O'CONNELL (Dettmer, Ethan) (Filed on 5/29/2009) (Entered: 05/29/2009)	RECAP
13	May 29, 2009	CERTIFICATE OF SERVICE by Sandra B. Stier, Kristin M. Perry, Paul T. Katami, Jeffrey J. Zarrillo OF SUMMONS, COMPLAINT, MOTION FOR PRELIMINARY INJUNCTION, etc., ON ARNOLD SCHWARZENEGGER (Dettmer, Ethan) (Filed on 5/29/2009) (Entered: 05/29/2009)	RECAP
14	May 29, 2009	CERTIFICATE OF SERVICE by Sandra B. Stier, Kristin M. Perry, Paul T. Katami, Jeffrey J. Zarrillo OF SUMMONS, COMPLAINT, MOTION FOR PRELIMINARY INJUNCTION, etc., ON MARK B. HORTON (Dettmer, Ethan) (Filed on 5/29/2009) (Entered: 05/29/2009)	RECAP
15	May 29, 2009	CERTIFICATE OF SERVICE by Sandra B. Stier, Kristin M. Perry, Paul T. Katami, Jeffrey J. Zarrillo OF SUMMONS, COMPLAINT, MOTION FOR PRELIMINARY INJUNCTION, etc., ON LINETTE SCOTT (Dettmer, Ethan) (Filed on 5/29/2009) (Entered: 05/29/2009)	RECAP
16	May 29, 2009	CERTIFICATE OF SERVICE by Sandra B. Stier, Kristin M. Perry, Paul T. Katami, Jeffrey J. Zarrillo OF SUMMONS, COMPLAINT, MOTION FOR PRELIMINARY INJUNCTION, etc., ON DEAN C. LOGAN (Dettmer, Ethan) (Filed on 5/29/2009) (Entered: 05/29/2009)	RECAP
17	May 29, 2009	ORDER by Chief Judge Vaughn R Walker granting doc 5 Motion Application for Admission of Attorney Matthew McGill Pro Hac Vice representing the Plaintiffs. (cgk, COURT STAFF) (Filed on 5/29/2009) (Entered: 05/29/2009)	RECAP
19	June 1, 2009	ORDER by Judge Vaughn R Walker granting 18 Motion Application for Admission of Attorney David Boies Pro Hac Vice representing Plaintiffs. (cgk, COURT STAFF) (Filed on 6/1/2009) (Entered: 06/01/2009)	RECAP
20	June 1, 2009	MOTION for leave to appear in Pro Hac Vice - James A. Campbell ( Filing fee $ 210, receipt number 34611032700.). (gsa, COURT STAFF) (Filed on 6/1/2009) (Entered: 06/05/2009)	RECAP
21	June 1, 2009	Proposed Order re 20 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611032700.). (gsa, COURT STAFF) (Filed on 6/1/2009) (Entered: 06/05/2009)	RECAP
22	June 1, 2009	MOTION for leave to appear in Pro Hac Vice - Brian W. Raum ( Filing fee $ 210, receipt number 34611032701.). (gsa, COURT STAFF) (Filed on 6/1/2009) (Entered: 06/05/2009)	RECAP
23	June 1, 2009	Proposed Order re 22 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611032701.). (gsa, COURT STAFF) (Filed on 6/1/2009) (Entered: 06/05/2009)	RECAP
24	June 9, 2009	ORDER by Chief Judge Vaughn R Walker granting 20 Motion Application for Admission of Attorney James A Campbell Pro Hac Vice representing Proposed Intervenors. (cgk, COURT STAFF) (Filed on 6/9/2009) (Entered: 06/09/2009)	RECAP
25	June 9, 2009	ORDER by Chief Judge Vaughn R Walker granting 22 Motion Application for Admission of Attorney Brian W Raum Pro Hac Vice representing Proposed Intervenors. (cgk, COURT STAFF) (Filed on 6/9/2009) (Entered: 06/09/2009)	RECAP
26	June 9, 2009	Letter from Bill Plummer to the Honorable Judge Walker regarding Alliance Defense Fund hearing 7/2/2009. (gsa, COURT STAFF) (Filed on 6/9/2009) (Entered: 06/10/2009)	RECAP
27	June 11, 2009	Statement of No Position to the 7 Motion for Preliminary Injunction by Dean C. Logan. (Whitehurst, Judy) (Filed on 6/11/2009) Modified on 6/15/2009 (slh, COURT STAFF). (Entered: 06/11/2009)	RECAP
28	June 11, 2009	Statement of No Position to 8 Motion to Intervene by Dean C. Logan. (Whitehurst, Judy) (Filed on 6/11/2009) Modified on 6/15/2009 (slh, COURT STAFF). (Entered: 06/11/2009)	RECAP
29	June 11, 2009	Certificate of Interested Entities by Dean C. Logan (Whitehurst, Judy) (Filed on 6/11/2009) (Entered: 06/11/2009)	RECAP
30	June 11, 2009	RESPONSE in Support re 7 MOTION for Preliminary Injunction Defendant Patrick O'Connell's Statement of Non-Opposition to Plaintiffs' Motion for a Preliminary Injunction and Certificate of Service filed byPatrick O'Connell. (Attachments: # 1 Certificate of Service)(Kolm, Claude) (Filed on 6/11/2009) (Entered: 06/11/2009) 1 Certificate of Service View on PACER	RECAP
31	June 11, 2009	Statement of Non-Opposition to Proposed Intervenors' 8 Motion to Intervene by Paul T. Katami, Kristin M. Perry, Sandra B. Stier, Jeffrey J. Zarrillo. (Olson, Theodore) (Filed on 6/11/2009) Modified on 6/15/2009 (slh, COURT STAFF). (Entered: 06/11/2009)	RECAP
32	June 11, 2009	Statement of Non-Opposition re 8 MOTION to Intervene filed byMark B. Horton, Arnold Schwarzenegger, Linette Scott. (Related document(s) 8 ) (Mennemeier, Kenneth) (Filed on 6/11/2009) (Entered: 06/11/2009)	RECAP
33	June 11, 2009	Memorandum in Opposition re 7 MOTION for Preliminary Injunction filed byMark B. Horton, Arnold Schwarzenegger, Linette Scott. (Mennemeier, Kenneth) (Filed on 6/11/2009) (Entered: 06/11/2009)	RECAP
34	June 11, 2009	MEMORANDUM in Opposition Attorney General's Opposition to Plaintiffs' 7 Motion for Preliminary Injunction filed by Edmund G. Brown, Jr. (Pachter, Tamar) (Filed on 6/11/2009) Modified on 6/15/2009 (slh, COURT STAFF). (Entered: 06/11/2009)	RECAP
35	June 11, 2009	Statement of Non-Opposition Defendant's Notice of Non-Opposition to Proposed Intervenors' 8 Motion to Intervene filed by Edmund G. Brown, Jr. (Pachter, Tamar) (Filed on 6/11/2009) Modified on 6/15/2009 (slh, COURT STAFF). (Entered: 06/11/2009)	RECAP
36	June 11, 2009	Memorandum in Opposition re 7 MOTION for Preliminary Injunction filed byMartin F. Gutierrez, Dennis Hollingsworth, Mark A. Jansson, Gail J. Knight, ProtectMarriage.com - Yes on 8, A Project of California Renewal, Hak-Shing William Tam. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Proposed Order, # 8 Certificate of Service)(Raum, Brian) (Filed on 6/11/2009) (Entered: 06/11/2009) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP 5 Exhibit E View on RECAP 6 Exhibit F View on RECAP 7 Proposed Order View on RECAP 8 Certificate of Service View on PACER	RECAP
37	June 12, 2009	Statement of Non-Opposition To 8 Proposed Intervenors' Motion to Intervene filed byPatrick O'Connell. (Kolm, Claude) (Filed on 6/12/2009) Modified on 6/15/2009 (gsa, COURT STAFF). (Entered: 06/12/2009)	RECAP
38	June 12, 2009	CERTIFICATE OF SERVICE by Patrick O'Connell re 37 Statement of Non-Opposition To Proposed Intervenors' Motion to Intervene (Kolm, Claude) (Filed on 6/12/2009) (Entered: 06/12/2009)	RECAP

Case: Perry v. Schwarzenegger

3:09-cv-02292 | U.S. District Court for the Northern District of California

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