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PERRY v. SCHWARZENEGGER

No. 10-16696.

628 F.3d 1191 (2011)

Kristin M. PERRY; Sandra B. Stier; Paul T. Katami; Jeffrey J. Zarrillo, Plaintiffs-Appellees, City and County of San Francisco, Plaintiff-Intervenor-Appellee, 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; Protect-Marriage.com—Yes On 8, a Project of California Renewal, as official proponents of Proposition 8, Defendants-Intervenors-Appellants.

United States Court of Appeals, Ninth Circuit.

January 4, 2011.

Attorney(s) appearing for the Case

David Boies , Rosanne C. Baxter, Esquire , Counsel, Boies, Schiller & Flexner, Armonk, NY, Theodore Olson , Theodore J. Boutrous, Jr., Esquire , Matthew McGill , Amir C. Tayrani , Gibson Dunn & Crutcher, LLP, Washington, DC, Ethan Douglas Dettmer, Esquire , Enrique Antonio Monagas , Sarah E. Piepmeier, Esquire , Gibson, Dunn & Crutcher LLP, San Francisco, CA, Christopher D. Dusseault , Theane Evangelis Kapur , Gibson Dunn & Crutcher, LLP, Los Angeles, CA, Jeremy Michael Goldman, Esquire , Boies, Schiller & Flexner, LLP, Oakland, CA, Theodore H. Uno , Boies Schiller & Flexner LLP, Hollywood, FL, for Plaintiffs-Appellees.

Ronald P. Flynn , Therese Stewart , Chief Deputy City, Christine Van Aken , Deputy City, Erin Bernstein , Deputy City, Mollie Mindes Lee , Deputy City, San Francisco City Attorney's Office, Vince Chhabria, Esquire , Dennis J. Herrera , City, Office of the City Attorney, Danny Chou, San Francisco, CA, for Plaintiff-Intervenor-Appellee.

Tamar Pachter , Deputy Attorney General, Daniel Powell , Deputy Attorney General, California Department of Justice, San Francisco, CA, Kenneth C. Mennemeier, Jr., Mennemeier, Glassman & Stroud LLP, Sacramento, CA, Claude Franklin Kolm , Esquire, Oakland, CA, Judy W. Whitehurst , Principal Deputy County Counsel, Los Angeles County Counsel, Los Angeles, CA, for Defendants.

Terry L. Thompson , Law Office of Terry L. Thompson, Alamo, CA, for Defendants-Intervenors-Appellants.

Before: STEPHEN REINHARDT, MICHAEL DALY HAWKINS, and N. RANDY SMITH, Circuit Judges.

ORDER CERTIFYING A QUESTION TO THE SUPREME COURT OF CALIFORNIA

Before this panel of the United States Court of Appeals for the Ninth Circuit is an appeal concerning the constitutionality under the United States Constitution of Article I, § 7.5 of the California Constitution ("Proposition 8"). Because we cannot consider this important constitutional question unless the appellants before us have standing to raise it, and in light of Arizonans for Official...

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