PERRY v. SCHWARZENEGGER

Nos. 09-17241, 09-17551.

591 F.3d 1126 (2009)

Kristin M. PERRY; Sandra B. Stier; Paul T. Katami; Jeffrey J. Zarrillo, Plaintiffs-Appellees, and City and County of San Francisco, Plaintiff-intervenor, v. Arnold SCHWARZENEGGER, in his official capacity as Governor of California; Edmund G. Brown, Jr., in his official capacity as Attorney General of California; Mark B. Horton in his official capacity as Director of the California Department of Public Health & State Registrar of Vital Statistics; Linette Scott, in her official capacity as Deputy Director of Health Information & Strategic Planning for the California Department of Public Health; Patrick O'Connell, in his official capacity as Clerk-Recorder for the County of Alameda; Dean C. Logan, in his official capacity as Registrar-Recorder/County Clerk for the County of Los Angeles, Defendants, and 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, Defendant-intervenors-Appellants. Kristin M. Perry; Sandra B. Stier; Paul T. Katami; Jeffrey J. Zarrillo, Plaintiffs-Appellees, and Our Family Coalition; Lavender Seniors of the East Bay; Parents, Families, and Friends of Lesbians and Gays, City and County of San Francisco, Plaintiff-intervenors-Appellees, v. Arnold Schwarzenegger; Edmund G. Brown, Jr.; Mark B. Horton; Linette Scott; Patrick O'Connell; Dean C. Logan, Defendants, and 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, Defendant-intervenors-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 11, 2009.


Attorney(s) appearing for the Case

Andrew P. Pugno, Law Offices of Andrew P. Pugno, Folsom, CA; Brian W. Raum and James A. Campbell, Alliance Defense Fund, Scottsdale, AZ; Charles J. Cooper (argued), David H. Thompson, Howard C. Nielson, Jr., Nicole J. Moss, Jesse Panuccio and Peter A. Patterson, Cooper and Kirk, PLLC, Washington, DC, for Defendant-Intervenors-Appellants.

Theodore J. Boutrous, Jr. (argued), Rebecca Justice Lazarus, Enrique A. Monagas, Gibson, Dunn & Crutcher LLP, Los Angeles, CA; Theodore B. Olson, Matthew D. McGill and Amir C. Tayrani, Gibson, Dunn & Crutcher LLP, Washington, DC, for Plaintiffs-Appellees.

Stephen V. Bomse, Orrick, Herrington & Sutcliffe LLP, San Francisco, CA, Allan L. Schlosser and Elizabeth O. Gill, ACLU Foundation of Northern California, for Amicus Curiae American Civil Liberties Union of Northern California.

Robert H. Tyler and Jennifer Lynn Monk, Advocates for Faith and Freedom, Murrieta, CA, for Amici Curiae Schubert Flint Public Affairs, Inc., Frank Schubert and Jeff Flint.

Before: KIM McLANE WARDLAW, RAYMOND C. FISHER and MARSHA S. BERZON, Circuit Judges.


ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING AND REHEARING EN BANC

The opinion filed December 11, 2009 is amended, and the amended opinion is filed concurrently with this Order.

The panel has voted to deny the petition for rehearing and rehearing en banc. A judge requested a vote on whether to rehear the matter en banc, and the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases