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As its first step in its mission to advance equal rights for every American, American

Foundation for Equal Rights filed a federal court challenge against Prop. 8 in May 2009.

AFER hired attorneys Theodore Olson and David Boies (who notably faced-off against each

other inBush v. Gore), who are leading a team of lawyers from their firms, Gibson, Dunn &

Crutcher and Boies, Schiller & Flexner, to litigate the case against P rop. 8. The plaintiffs in the

case are two same-sex couples Kris Perry & Sandy Stier and Paul Katami & Jeff Zarrillo

who wish to marry but cannot because of Proposition 8.

Because the suit challenges California law, the named defendant s in the case are Governor

Arnold Schwarzenegger, Attorney General Jerry Brown, and various other state and county

officials with jurisdiction over California marriages.

Governor Schwarzenegger, however, has refused to use state resources to challenge AFERs

position, and Attorney General Brown went so far as to file papers with the court agreeing that

Prop. 8 is unconstitutional. Accordingly, Prop. 8 is being defended by the group that led the

campaign to pass it.

The City and County of San Francisco, led by City Attorney Dennis Herrera and Chief Deputy

City Attorney Therese Stewart, are supporting the plaintiffs team as co-counsel, with a specific

focus on the negative impact Prop. 8 has on government services and budgets. Herrera and

Stewart led the legal battle toward the California Supreme Court decision that struck down

Californias previous same-sex marriage ban. TheACLU, Lambda Legal, and National Center

for Lesbian Rights, who previously argued the California State challenge to Prop. 8, are

participating in the federal challenge as amici (friends of the court).

District Court

Perry v. Schwarzeneggerwas heard in the United States District Court for the Northern

District of California by its chief judge, Vaughn R. Walker.

Testimony in the trial began January 11, 2010 and concluded January 27, 2010. Closing

arguments occurred June 16, 2010.

Read the official hearing transcripts >

Read Judge Walkers Decision which ruled Prop. 8 unconstitutional >

One August 4, the Court released its decision, which determined that there was no evidence to

support Californias refusal to recognize marriage between two people because of their sex nor

to show California has an interest in differentiating between same-sex and opposite-sex

unions. The Court ruled that:

Prop. 8 enacted a private moral view without advancing a legitimate governmentinterest and concluded that Proposition 8 burdens a fundamental right to marry and

singles gays and lesbians out for different and unequal treatment under the law.

Gay and lesbian individuals deserve strict scrutiny under the law, meaning that laws

which discriminate on the basis of sexual orientation would rarely, if ever, be

appropriate.

Proposition 8 is unconstitutional under both the Due Process and Equal Protection

Clauses of the 14th Amendment of the U.S. Constitution.

Same-sex couples should be allowed to marry again in California.

Appeals

Robert James Sornphet Rusty Nicole Lauren

Tracey Kristi Robert Will Jim Manufou

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The 9th Circuit Court has stayed the enforcement of Judge Walkers decision. The Court

placed the appeal on an accelerated schedule.

Oral arguments we heard on Monday, December 6, 2010 from 10 a.m. PST to 12:30 p.m. PST.

Both sides first addressed the issue of standing. David Boies faced off against the proponents

of Prop. 8 and Imperial County, arguing that they lack the requirements necessary to appeal

the Federal District Court decision.

Then, after a short recess, each side argued the merits of the case. Theodore B. Olson asserted

that marriage is a fundamental right, denying that right to gay and lesbian Americans harms

them and their families, and that Prop. 8 violates our nations promise of equality for all.

AFER is committed to pursuing this case to the United States Supreme Court.

Broadcast of Oral Arguments Part One

Broadcast of Oral Arguments Part Two

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