Hollingsworth v. Perry

Perry v. SchwarzeneggerPerry v. Brownfederal trial2010 decision5-4 votea case for same-sex marriage he had successfully litigatedCalifornia Proposition 8 trialcasefederal caselegal battle
Hollingsworth v. Perry were a series of United States federal court cases that legalized same-sex marriage in the State of California.wikipedia
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American Foundation for Equal Rights

Three days before the Strauss decision, the American Foundation for Equal Rights (AFER) filed suit in the U.S. District Court for the Northern District of California to challenge the validity of Proposition 8 on behalf of two same-sex couples.
The American Foundation for Equal Rights (AFER) is a nonprofit organization established in 2009 to support the plaintiffs in Hollingsworth v. Perry (formerly Perry v. Brown or Perry v. Schwarzenegger), a federal lawsuit challenging California's Proposition 8 under the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution.

Same-sex marriage in California

Californiasame-sex marriagemarried
The effect of the ruling was that same-sex marriage in California resumed under the district court trial decision from 2010.
The granting of same-sex marriages recommenced following the United States Supreme Court decision in Hollingsworth v. Perry, which restored the effect of a federal district court ruling that overturned Proposition 8 as unconstitutional.

David Boies

David
The couples' legal team was led by David Boies and former U.S. Solicitor General Theodore Olson, who had previously opposed each other in Bush v. Gore (Boies representing Al Gore and Olson representing George W. Bush), the case that effectively decided the 2000 presidential election.
Boies rose to national prominence for three major cases: leading the U.S. federal government's successful prosecution of Microsoft in United States v. Microsoft Corp., his representation of Democratic presidential candidate Al Gore in Bush v. Gore, and for successful representing of the plaintiff in Hollingsworth v. Perry, which invalidated California Proposition 8 banning same-sex marriage.

Strauss v. Horton

lawsuitLawsuits to overturn Proposition 8
On May 26, 2009, the California Supreme Court held, in Strauss v. Horton, that Proposition 8 was a lawful enactment, but that same-sex marriages contracted before its passage remained valid.
On June 26, 2013, Strauss v. Horton was mooted by Hollingsworth v. Perry.

Vaughn Walker

Vaughn R. WalkerJudge Vaughn Walker
On August 4, along with the ruling, Judge Vaughn Walker denied Imperial County intervenor status.
Walker presided over the original trial in Hollingsworth v. Perry, where he found California's Proposition 8 to be unconstitutional.

Dennis Herrera

City Attorney Dennis Herrera said that his office is "singularly well-prepared" to help "put anti-gay discrimination on trial based on the facts".
Dennis Herrera is the elected City Attorney of San Francisco, perhaps best known for his longtime legal advocacy for same-sex marriage in California, including the In re Marriage Cases, 43 Cal.4th 757 (2008), and Hollingsworth v. Perry, 570.

In re Marriage Cases

rules a previous ban unconstitutionaldecisiondeclared same-sex marriage legal
In May 2008, the California Supreme Court held in the case In re Marriage Cases that state statutes limiting marriage to opposite-sex applicants violated the California Constitution.
The judgment In re Marriage Cases was in part mooted by Strauss v. Horton, 46 Cal.4th 364 (2009), which was itself mooted by Hollingsworth v. Perry (2013).

Dennis Hollingsworth

Two groups, the official proponents of Proposition 8, ProtectMarriage.com, led by then-Senator Dennis Hollingsworth, and a rival group, the Campaign for California Families, sought to intervene as defendants.
Hollingsworth is affiliated with the conservative group ProtectMarriage.com and has been instrumental in their legal battle to uphold the ban on same-sex marriage in California.

Courage Campaign

Despite the ruling, the proceedings elicited unprecedented live coverage through social networking site Twitter from gay-interest magazine The Advocate, the National Center for Lesbian Rights, an official feed from the group representing the plaintiffs (AFER), a California-based progressive organization Courage Campaign, and several independent parties including Chris Geidner, maintainer of the LGBT-oriented Law Dork blog, San Francisco-based attorney Chris Stoll, and others.
The Courage Campaign's EqualityOnTrial.com was founded to cover the Perry v. Schwarzenegger trial when the courtroom forbade live television coverage.

Imperial County, California

Imperial CountyImperialEl Centro Metropolitan Area
On December 15, Imperial County also filed a motion to intervene as a defendant despite the fact that the intervenor deadline had passed.
However, on February 6, 2012, the United States Court of Appeals for the Ninth Circuit denied Imperial County legal standing in the case Hollingsworth v. Perry.

Ilan Meyer

Ilan H. MeyerDr. Ilan Meyer
The plaintiffs also called forward Dr. Ilan H. Meyer, senior scholar of public policy at the Williams Institute on Sexual Orientation Law and Public Policy at the UCLA School of Law, to testify on the mental and psychological harms of being denied the right to marry.
Meyer was an expert witness for the plaintiffs in Perry v. Schwarzenegger (2010), the federal case that overturned California Proposition 8.

Antonin Scalia

Justice ScaliaScaliaJustice Antonin Scalia
A dissenting opinion by Breyer that was joined by John Paul Stevens, Ruth Bader Ginsburg, and Sonia Sotomayor reveals that the majority was formed by John Roberts, Antonin Scalia, Kennedy, Clarence Thomas, and Samuel Alito.
In the 2013 case of Hollingsworth v. Perry, which involved a California ballot initiative known as Proposition 8 that amended the California State Constitution to ban same-sex marriage, Scalia voted with the majority to uphold a lower court decision overturning the ban.

Baker v. Nelson

Benson v. AlversonBenson, et al. v. AlversonRichard John Baker v. Gerald R. Nelson
The motion asserted that Baker v. Nelson foreclosed any further review by the court.
During the 2013 oral argument in Hollingsworth v. Perry, U.S. Supreme Court Associate Justice Ruth Bader Ginsburg summarized her view of Baker: "The Supreme Court hadn't even decided that gender-based classifications get any kind of heightened scrutiny. And the same-sex intimate conduct was considered criminal in many states in 1971, so I don't think we can extract much in Baker v. Nelson."

David Blankenhorn

Dr. David Blankenhorn
Under cross-examination, defense witness David Blankenhorn revealed that he believed the principle of equal human dignity applied to gay and lesbian Americans, and that "we would be more American on the day we permitted same-sex marriage than we were on the day before".
Blankenhorn was presented to the court as an expert witness in Perry v. Schwarzenegger by the proponents of California Proposition 8 (2008), a constitutional amendment restricting marriage to the union of opposite-sex couples.

ProtectMarriage.com

Proposition 22 Legal Defense and Education Fund
Two groups, the official proponents of Proposition 8, ProtectMarriage.com, led by then-Senator Dennis Hollingsworth, and a rival group, the Campaign for California Families, sought to intervene as defendants.
United States district court Judge Vaughn R. Walker overturned Proposition 8 on August 4, 2010, in the case Perry v. Schwarzenegger, ruling that it violated both the Due Process and Equal Protection clauses of the United States Constitution.

Charles J. Cooper

Cooper & KirkCharles CooperCooper & Kirk, PLLC
Charles J. Cooper made an opening statement for the defendants, saying that marriage had been universally limited to opposite-sex couples.
Cooper led the legal team for the defendant-intervenors in Hollingsworth v. Perry, defending California Proposition 8 in 2008, which banned same-sex marriage in the state.

Judicial activism

activist judgejudicial activistactivist judges
Some critics have characterized the ruling as judicial activism.
Kermit Roosevelt III has argued that "in practice 'activist' turns out to be little more than a rhetorically charged shorthand for decisions the speaker disagrees with"; likewise, the solicitor general under George W. Bush, Theodore Olson, said in an interview on Fox News Sunday, in regards to a case for same-sex marriage he had successfully litigated, that "most people use the term 'judicial activism' to explain decisions that they don't like."

Campaign for California Families

Two groups, the official proponents of Proposition 8, ProtectMarriage.com, led by then-Senator Dennis Hollingsworth, and a rival group, the Campaign for California Families, sought to intervene as defendants.
It also unsuccessfully attempted to legally intervene in the consolidated Strauss v. Horton case and in Perry v. Schwarzenegger.

Christian Legal Society v. Martinez

U.S. Supreme Court decision
Following the Supreme Court's decision in Christian Legal Society v. Martinez on June 28, 2010, the plaintiffs in Perry cited the decision by Justice Ginsburg as Supreme Court precedent that sexual orientation is "an identifiable class" in opposition to the defense's argument that sexual orientation is "behavioral".
The court's decision, especially Ginsburg's discussion of "status" and "conduct", was promptly cited by plaintiffs in Perry v. Schwarzenegger as Supreme Court precedent that sexual orientation is "an identifiable class", opposing the defense's argument that sexual orientation is "behavioral".

George Chauncey

Gay New YorkChaunceyDr. George Chauncey
Notable trial witnesses included historian George Chauncey, psychologist Gregory M. Herek, and philosopher Daniel N. Robinson.
Chauncey most notably testified as an expert witness in the California Proposition 8 case, Perry v. Schwarzenegger, on behalf of the successful plaintiffs.

National Organization for Marriage

2012 Presidential Pledgelegal battleNational Organization of Marriage
National Organization for Marriage (NOM) chairman Maggie Gallagher also disagreed with the ruling.
The amendment was in force until United States district court Judge Vaughn R. Walker overturned it in August 2010, in the case Perry v. Schwarzenegger, ruling that it violated both the Due Process and Equal Protection clauses of the United States Constitution.

Michael Lamb (psychologist)

Michael LambMichael E. LambMichael E. Lamb, Ph.D.
Examining the impact of same-sex marriage on children, the plaintiffs introduced Michael Lamb, a developmental psychologist at the University of Cambridge.
In 2010 Michael Lamb was to testify in the Perry v. Schwarzenegger trial which challenged the constitutionality of California Proposition 8 against same-sex marriage.

Loving v. Virginia

Mildred LovingRichard LovingLoving v Virginia
Judge Walker characterized the right at issue as "the right to marry", which, he wrote, "has been historically and remains the right to choose a spouse and, with mutual consent, join together and form a household", citing Loving v. Virginia and Griswold v. Connecticut.
In the 2010 federal district court decision in Perry v. Schwarzenegger, overturning California's Proposition 8 which restricted marriage to opposite-sex couples, Judge Vaughn R. Walker cited Loving v. Virginia to conclude that "the [constitutional] right to marry protects an individual's choice of marital partner regardless of gender".

2008 California Proposition 8

Proposition 8California Proposition 8Prop 8
This decision overturned ballot initiative Proposition 8, which had banned same-sex marriage.
Following affirmation by the state courts, two same-sex couples filed a lawsuit against the initiative in the United States District Court for the Northern District of California in the case Perry v. Schwarzenegger (later Hollingsworth v. Perry).

Gregory M. Herek

Gregory HerekHerek GM
Notable trial witnesses included historian George Chauncey, psychologist Gregory M. Herek, and philosopher Daniel N. Robinson.
He testified in Perry v. Schwarzenegger trial.