PERRY V. SCHWARZENEGGER 704 F.Supp.2d 921 (N.C. Ca. 2010) CASE BRIEF

PERRY V. SCHWARZENEGGER

704 F.Supp.2d 921 (N.C. Ca. 2010)

NATURE OF THE CASE: Perry (Ps) challenge a November 2008 voter-enacted amendment to the California Constitution ('Proposition 8' or 'Prop 8'). Cal. Const. Art. I, 7.5. In its entirety, Proposition 8 provides: 'Only marriage between a man and a woman is valid or recognized in California.' Plaintiffs allege that Proposition 8 deprives them of due process and of equal protection of the laws contrary to the Fourteenth Amendment and that its enforcement by state officials violates 42 USC 1983.

FACTS: In November 2000, the voters of California adopted Proposition 22 Entitled the California Defense of Marriage Act. Proposition 22 amended the state's Family Code by adding the following language: 'Only marriage between a man and a woman is valid or recognized in California.' Cal. Family Code 308.5. This amendment further codified the existing definition of marriage as 'a relationship between a man and a woman.' In February 2004, the mayor of San Francisco instructed county officials to issue marriage licenses to same-sex couples. The following month, the California Supreme Court ordered San Francisco to stop issuing such licenses and later nullified the marriage licenses that same-sex couples had received. Parties filed state court actions challenging or defending California's exclusion of same-sex couples from marriage under the state constitution. These actions were consolidated in San Francisco superior court; the presiding judge determined that, as a matter of law, California's bar against marriage by same-sex couples violated the equal protection guarantee of Article I Section 7 of the California Constitution. In May 2008, the California Supreme Court invalidated Proposition 22 and held that all California counties were required to issue marriage licenses to same-sex couples. Prop 8 was then passed by the voters. Ps challenge the constitutionality of Proposition 8 under the Fourteenth Amendment.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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