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PERRY v. SCHWARZENEGGER

Nos. 10-16696, 10-16751.

630 F.3d 898 (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, Dennis Hollingsworth; Gail J. Knight; Martin F. Gutierrez; Mark A. Jansson; ProtectMarriage.com—Yes On 8, A Project of California Renewal, as official proponents of Proposition 8; Hak-Shing William Tam, Defendants-Intervenors, and County of Imperial; The Board of Supervisors of the County of Imperial; Isabel Vargas, In her official capacity as Deputy Clerk/Deputy Commissioner of Civil Marriages for the County of Imperial, Movants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed January 4, 2011.

Attorney(s) appearing for the Case

Robert H. Tyler (argued) and Jennifer L. Monk , Advocates for Faith and Freedom, Murrieta, CA, for the movants-appellants.

Theodore B. Olson , Matthew D. McGill , and Amir C. Tayrani , Gibson, Dunn & Crutcher LLP, Washington, D.C., Theodore J. Boutrous, Jr. , Christopher D. Dusseault , Ethan D. Dettmer , Theane Evangelis Kapur , and Rebecca Justice Lazarus , Gibson, Dunn & Crutcher LLP, Los Angeles, CA, David Boies (argued), Jeremy M. Goldman , and Theodore H. Uno , Boies, Schiller & Flexner LLP, Armonk, NY, for the plaintiffs-appellees.

John C. Eastman , Anthony T. Caso , and Karen J. Lugo , Orange, CA, for amicus curiae Center for Constitutional Jurisprudence.

Matthew B. McReynolds and Kevin T. Snider , Sacramento, CA, for amicus curiae Pacific Justice Institute.

Michael S. Wald , Stanford Law School, Stanford, CA, Herma Hill Kay , Berkeley School of Law, Berkeley, CA, for amici curiae Professors of Family Law.

David C. Codell , Linda M. Burrow , Albert Giang , and Benjamin A. Au , Caldwell Leslie & Proctor, PC, Los Angeles, CA, for amicus curiae Equality California.

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

OPINION

PER CURIAM:

The County of Imperial, its Board of Supervisors, and a Deputy Clerk for the County appeal the denial of their motion to intervene in this case concerning the constitutionality under the United States Constitution of Article I, section 7.5 of the California Constitution ("Proposition 8"). Concurrently, they assert their standing to appeal on the merits the district court order holding Proposition 8 to be unconstitutional. We affirm the...

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