Perry v. Brown
On May 22, 2009, two same-sex couples filed suit in the U.S. District Court for the Northern District of California, challenging California’s Proposition 8, which amended the California Constitution to prohibit marriage by same-sex couples. California’s Governor and Attorney General agreed with the plaintiffs that Proposition 8 was unconstitutional. Judge Vaughn Walker permitted Proposition 8’s supporters to intervene as defendants, and also permitted the City and County of San Francisco to intervene as a plaintiff to represent their unique governmental interest in marriage equality. NCLR, the ACLU, and Lambda Legal filed an amicus (friend of the court) brief with the District Court, supporting the argument that Proposition 8 violates the federal Constitution.
After a three-week trial that took place in January, 2010, Judge Vaughn Walker ruled on August 4, 2010, that Proposition 8 violates the United States Constitution’s guarantees of due process and equal protection of the laws. He also denied Imperial County’s attempt to intervene in the case.
Proposition 8’s supporters appealed the case to the United States Court of Appeals for the Ninth Circuit. The Ninth Circuit agreed to put on hold the implementation of Judge Walker’s ruling pending its consideration of the appeal. The Ninth Circuit also asked the parties to address in their briefs and at oral argument whether the Proposition 8 supporters have “standing” that is, whether they have the legal right to appeal the case. NCLR, the ACLU, Lambda Legal, and Gay and Lesbian Advocates and Defenders (GLAD) filed another amicus brief with the Ninth Circuit, arguing that it should uphold Judge Walker’s decision.
The Ninth Circuit heard oral argument in the case on December 6, 2010. On January 4, 2011, the Ninth Circuit affirmed the denial of Imperial County’s attempt to intervene, and asked the California Supreme Court to clarify whether California law gives ballot initiative sponsors the power to override the litigation decisions of the Attorney General and the Governor.
read NCLR's response to the Ninth Circuit decision declaring Prop 8 unconstitutional
read NCLR's response to the Ninth Circuit decision blocking release of Prop 8 trial video
read Judge Ware's decision to uphold the ruling
read NCLR’s analysis of the decision
watch the video of the Prop 8 oral argument.
read the decision by Judge Walker issued August 4, 2010 (pdf)
read the amicus brief filed by NCLR, the ACLU, and Lambda Legal on February 3, 2010 (pdf)
read the amicus brief filed by NCLR, the ACLU, and Lambda Legal on June 26, 2009 (pdf)
read the California Lawyer article, "Challenging Prop. 8: the Hidden Story"
read NCLR's FAQ on the Perry case and the fight for marriage equality in California (pdf)
Read summary and legal analysis of the Ninth Circuit appeal:
Read daily summaries and legal analyses of the trial proceedings:
status
Victory! | u.s. 9th circuit court