Perry v. Schwarzenegger
The plaintiffs in Perry seek to have the federal courts strike down Proposition 8 as contrary to the United States Constitution.
The case was filed on May 22, 2009 with the United States District Court for the Northern District of California. The non-jury trial is set to begin on January 11, 2010. Judge Vaughn Walker is presiding over the case.
The plaintiffs in the case say that they plan to establish that Proposition 8 is "irrational, indefensible and unconstitutional."
When the federal lawsuit was announced, several major groups opposed to Prop 8 denounced it, including:
In July, these same groups petitioned the court to be allowed to intervene on behalf of the plaintiffs.
Griffin of AFER asked that these groups not be allowed to intervene in the case. He wrote a letter to the groups in early July 2009 saying, "You have unrelentingly and unequivocally acted to undermine this case even before it was filed. In light of this, it is inconceivable that you would zealously and effectively litigate this case if you were successful in intervening. Therefore, we will vigorously oppose any motion to intervene.”
Attorneys Olson and Boies also asked the court not to allow these groups to intervene, saying that their intervention "poses a substantial risk of interference and delay...Having declined to bring their own federal challenge to Proposition 8, Our Family Coalition and their counsel [the gay rights groups] should not be allowed to usurp plaintiffs' lawsuit now that it is under way and moving forward on an expedited basis."
Disclosure of campaign materials
A key early issue in the case was a request by plaintiffs that the court compel the "Yes on 8" campaign to release its internal campaign strategy documents. The reason for this request, according to one account, is that the plaintiffs believed that if they found evidence in these documents that the "Yes on 8" strategists were attempting "to sow fear and discrimination against gays and lesbians", this information would be relevant in helping a judge decide what the motivations were of those who voted in favor of Proposition 8.
Chief U.S. District Judge Vaughn Walker ordered that the documents be disclosed. In early December 2009, a three-judge panel of the Ninth U.S. Circuit of Appeals suspended Walker's order. In its decision, the 3-judge panel wrote, "The freedom to associate with others for the common advancement of political beliefs and ideas lies at the heart of the 1st Amendment."
On December 16, one of the 27 active judges on the Ninth Circuit called for a vote to rehear the issue with a full 11-member panel of judges. Attorneys on both sides of the dispute were requested to file briefs on the matter by December 24, 2009 On December 30, the court announced that it was re-affirming its original ruling not to order disclosure.
Video footage from the trial will be uploaded to YouTube daily.
Supporters of Proposition 8 argued that televising the trial is unwise and illegal, leaving open the possibility that they will appeal Judge Walker's decision to televise the proceedings.
- Fox Reno, "Prop. 8 Opponents To Tell Judge Lawsuit Is Irrational", December 8, 2009
- Arkansas Times, "From Wal-Mart to the White House", December 10, 2009
- San Francisco Chronicle, "Parties in Prop. 8 suit reject more plaintiffs", August 9, 2009
- On Top Magazine, "Gay Groups Not Welcome In Federal Marriage Suit", August 8, 2009
- Los Angeles Times, "Appeals court to vote on new hearing in Proposition 8 challenge", December 16, 2009
- San Francisco Chronicle, "Prop 8 backers likely to win disclosure fight", December 4, 2009
- Los Angeles Times, "Foes of California's gay-marriage ban lose federal appeal", December 12, 2009
- Ballot Access News, "9th Circuit Says Compelled Disclosure of Internal Campaign Communications Violates First Amendment", December 12, 2009
- San Francisco Chronicle, "Prop 8 campaign document ruling re-affirmed", December 31, 2009
- CNN, "Same-sex marriage trial to be shown on YouTube", January 7, 2010
- San Francisco Chronicle, "Prop 8 backers say TV coverage of trial unwise", December 30, 2009
- Blockbuster Democracy, "Should Prop 8 Federal Suit Be Televised?", January 5, 2010