California Prop 8 basics and Lists of Amicus briefs filed with SCOTUS

Proposition 8 was a California ballot proposition and a state constitutional amendment passed in the November 2008 state elections. The measure added a new provision, Section 7.5 of the Declaration of Rights, to the California Constitution, which provides that “only marriage between a man and a woman is valid or recognized in California.”

By restricting the recognition of marriage to opposite-sex couples, the proposition overturned the California Supreme Court‘s ruling of In re Marriage Cases that same-sex couples have a constitutional right to marry. The wording of Proposition 8 was precisely the same as that which had been found in Proposition 22, which had passed in 2000 and, as an ordinary statute, had been invalidated by the State Supreme Court in 2008. California’s State Constitution put Proposition 8 into immediate effect the day after the election.  The proposition did not affect domestic partnerships in California,^[ nor same-sex marriages performed before November 5, 2008.

After the elections, demonstrations and protests occurred across the state and nation. Same-sex couples and government entities filed numerous lawsuits with the California Supreme Court challenging the proposition’s validity and effect on previously administered same-sex marriages. In Strauss v. Horton, the California Supreme Court upheld Proposition 8, but allowed existing same-sex marriages to stand (under the grandfather clause principle).

United States District Court Judge Vaughn 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.Walker issued an injunction against enforcing Proposition 8 and a stay to determine suspension of his ruling pending appeal.  The Ninth Circuit Court of Appeals continued the stay, keeping Walker’s ruling on hold pending appeal.

On February 7, 2012, in a 2–1 decision, a Ninth Circuit Court of Appeals panel affirmed Walker’s decision declaring the Proposition 8 ban on same-sex marriage to be unconstitutional.  The panel also unanimously affirmed Judge Ware’s holding that Walker was not obligated to recuse himself from the case because he is gay.  Still, the panel continued a stay on the ruling, barring any marriages from taking place pending further appeals.  On June 5, 2012, a majority of the full Ninth Circuit denied a petition for rehearing en banc and stayed the ruling pending appeal.The proposition’s proponents filed a petition for certiorari with the U.S. Supreme Court, (SCOTUS) requesting that the Court review the case, on July 30, 2012. On December 7, 2012, the Supreme Court granted the proponents’ petition for certiorari.  The Court is expected to issue its ruling in Hollingsworth v. Perry by late June 2013.  (Wikipedia)

Merit Briefs

• Brief for Petitioners, Dennis Hollingsworth, et al
• Brief for Respondents, Kristin M. Perry
• Brief for Respondent, City and County of San Francisco

Amicus Briefs

• Brief for Catholics for the Common Good and the Marriage Law Project in Support of Petitioners
• Brief for Center for Constitutional Jurisprudence in Support of Petitioner
• Brief for the Citizens United’s National Committee for Family, Faith and Prayer, Citizens United Foundation, U.S. Justice Foundation, Gun Owners Foundation, The Lincoln Institute for Research and Education, Public Advocate of the United States, Declaration Alliance, Western Center for Journalism, Institute on the Constitution, Abraham Lincoln Foundation for Public Policy Research, Inc., Conservative Legal Defense and Education Fund, English First, and Protect Marriage Maryland PAC in Support of Petitioners
• Brief for the Coalition of African American Pastors USA, the Center for Urban Renewal and Education, the Frederick Doublass Foundation, Inc., and Numerous Law Professors in Support of Petitioners and Supporting Reversal
• Brief for David Boyle in Support of Petitioners, on the Non-Jurisdictional Issues
• Brief for Eagle Forum Education & Legal Defense Fund, Inc., in Support of Petitioners in Support of Reversal
• Brief for the Ethics and Public Policy Center in Support of Petitioners and Supporting Reversal or Vacatur
• Brief for the Family Research Council in Support of Petitioners Addressing the Merits and Supporting Reversal
• Brief for Foundation for Moral Law in Support of Petitioner
• Brief for David Benkof, Robert Oscar Lopez, and Doug Mainwaring in Support of Petitioners and Supporting Reversal
• Brief for the High Impact Leadership Coalition in Support of Petitioners
• Brief for Leon R. Kass, Harvey C. Mansfield and the Institute for Marriage and Public Policy in Support of Petitioners
• Brief of Liberty Counsel, Inc. and Campaign for Children and Families in Support of Petitioners
• Brief for the Lighted Candle Society in Support of Petitioners
• Brief for Marriage Anti-Defamation Alliance in Support of Petitioners
• Brief for Matthew B. O’Brien in Support of Hollingsworth and Bipartisan Legal Advisory Group of the U.S. House of Representatives Addressing The Merits and Supporting Reversal (Also Filed in 12-307)
• Brief for Minnesota For Marriage in Support of Petitioners
• Brief for National Association of Evangelicals; The Ethics & Religious Liberty Commission of the Southern Baptist Convention; the Church of Jesus Christ of Latter-Day Saints; the Lutheran Church-Missouri Synod; the Union of Orthodox Jewish Congregations of America; the Romanian-American Evangelical Alliance of North America; and Truth In Action Ministries in Support of Petitioners
• Brief for Patrick Henry College in Support of Petitioners
• Brief for Scholars of History and Related Disciplines in Support of Petitioners
• Brief for the States of Indiana, Virginia, Alabama, Alaska, Arizona, Colorado, Georgia, Idaho, Kansas, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia and Wisconsin in Support of the Petitioners (Addressing the Merits)
• Brief for Social Science Professors in Support of Hollingsworth and Bipartisan Legal Advisory Group Addressing the Merits and Supporting Reversal (also filed in 12-307)
• Brief for the State Of Michigan in Support of Petitioners
• Brief for Thirty-Seven Scholars of Federalism and Judicial Restraint in Support of Petitioners
• Brief for the Thomas More Law Center and Chuck Storey, Imperial County Clerk, in Support of Petitioners (Addressing the Merits)
• Brief for United States Conference of Catholic Bishops in Support of Petitioners and Supporting Reversal
• Brief for Catholic Answers, Christian Legal Society, and Catholic Vote Education Fund in Support of Petitioner Hollingsworth and Respondent Bipartisan Legal Advisory Group and Supporting Reversal (Addressing the Merits) (also filed in 12-307)
• Brief for Coalition for the Protection of Marriage in Support of Hollingsworth and Bipartisan Legal Advisory Group Addressing the Merits and Supporting Reversal (also filed in 12-307)
• Brief for Dr. Paul Mchugh in Support of Hollingsworth and Bipartisan Legal Advocacy Group Addressing the Merits and Supporting Reversal (Also Filed in 12-307)
• Brief for Liberty, Life and Law Foundation and North Carolina Values Coalition in Support of Hollingsworth and Bipartisan Legal Advisory Group Addressing the Merits and Supporting Reversal (also filed in 12-307)
• Brief for Pacific Legal Foundation, Ward Connerly, Ron Unz, Glynn Custred, and the Howard Jarvis Taxpayers Association in Support of Neither Party
• Brief for Parents and Friends of Ex-Gays & Gays in Support of Hollingsworth and Bipartisan Legal Advisory Group of the U.S. House of Representatives Addressing the Merits and Supporting Reversal (also filed in 12-307)
• Brief for Concerned Women for America in Support of Reversal (Addressing the Merits)
• Brief for Robert P. George, Sherif Girgis, and Ryan T. Anderson in Support of Hollingsworth and Bipartisan Legal Advisory Group Addressing the Merits and Supporting Reversal (also filed in 12-307)
• Brief for Westboro Baptist Church in Support of Neither Party Suggesting Reversal