PERRY v. PROPOSITION 8 OFFICIAL PROPONENTS

No. 09-16959.

587 F.3d 947 (2009)

Kristin M. PERRY; Sandra B. Stier; Paul T. Katami; Jeffrey J. Zarrillo, Plaintiffs-Appellees, v. PROPOSITION 8 OFFICIAL PROPONENTS, Defendant-intervenor-Appellee, Campaign for California Families, Defendant-intervenor-Appellant, and 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, Dennis Hollingsworth; Gail J. Knight; Hak-Shing William Tam; Mark A. Jansson; Protectmarriage.Com—Yes On 8, A Project of California Renewal, Defendant-intervenors, Martin F. Gutierrez, Defendant-intervenor.

United States Court of Appeals, Ninth Circuit.

Filed November 19, 2009.


Attorney(s) appearing for the Case

Mary E. McAlister and Mathew D. Staver, Liberty Counsel, Lynchburg, VA, for the intervenor-appellant.

Matthew D. McGill and Theodore B. Olson, Gibson, Dunn & Crutcher LLP, Washington, DC, for plaintiffs-appellees.

Charles J. Cooper and Howard C. Nielson, Cooper and Kirk, PLLC, Washington, DC, for intervenor-appellees.

Before: PAMELA ANN RYMER, M. MARGARET McKEOWN and N. RANDY SMITH, Circuit Judges.


McKEOWN, Circuit Judge:

We consider whether a public interest organization is entitled to intervene in a suit challenging the constitutionality of Proposition 8 ("Prop. 8"), a state ballot initiative restricting the definition of marriage to the union of a man and a woman under California law. The Campaign for California Families ("the Campaign") seeks to intervene in part because it alleges that the Official Proponents of Prop. 8 and ProtectMarriage.com—parties...

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