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KNIGHT v. SUPERIOR COURT

No. C048378.

26 Cal.Rptr.3d 687 (2005)

128 Cal.App.4th 14

William J. KNIGHT et al., Petitioners, v. The SUPERIOR COURT of Sacramento County, Respondent; Arnold Schwarzenegger, as Governor, etc., et al., Real Parties in Interest.

Court of Appeals of California, Third District.

Rehearing Denied April 22, 2005.

Review Denied June 29, 2005.

Attorney(s) appearing for the Case

Alliance Defense Fund, Robert H. Tyler and Douglas L. Edgar; Law Offices of Andrew P. Pugno and Andrew P. Pugno, for Petitioners.

Liberty Counsel, Mathew D. Staver, Pro Hac Vice, Rena M. Lindevaldsen, Pro Hac Vice, and Mary McAlister, San Luis Obispo, for Campaign for California Families as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Bill Lockyer, Attorney General, Louis R. Mauro, Senior Assistant Attorney General, Christopher E. Krueger and Kathleen A. Lynch, Deputy Attorneys General, for Real Parties in Interest Schwarzenegger et al.

Lambda Legal Defense and Education Fund, Jon W. Davidson, Jennifer C. Pizer; Law Office of David C.Codell, David C.Codell, Los Angeles,; National Center for Lesbian Rights, Shannon Minter, San Francisco, Courtney Joslin; ACLU Foundation of Southern California, Peter J. Eliasberg, Los Angeles; ACLU Foundation of Northern California, Christine P. Sun, Alan L. Schlosser, San Francisco; ACLU Foundation of San Diego & Imperial Counties, Jordan C. Budd; ACLU Foundation, Lesbian & Gay Rights Project and James D. Esseks, for Real Parties in Interest Equality California et al.

SCOTLAND, P.J.

In March 2000, a majority of California's voters approved Proposition 22, codified in Family Code section 308.5, which states: "Only marriage between a man and a woman is valid or recognized in California." (We shall refer to this as the defense of marriage initiative or Proposition 22.)

Thereafter, the Legislature enacted Family Code section 297.5, effective on January 1, 2005, which states in part: "(a) Registered domestic partners shall have...

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