On January 4, 2011, the 9th Circuit issued orders on the appeal-in-chief (certifying a question to the California Supreme Court) and on Imperial County’s intervenor appeal (denying standing). The Court’s orders and memoranda are linked below:
- Opinion on Appeal-in-Chief
- Opinion on Intervenor Appeal
- Judge Reinhardt Concurrence
- Memorandum re Motion to Disqualify
- Memorandum re Additional Counsel
Oral arguments in Perry v. Schwarzenegger, Cases 10-16696 (main appeal) and 10-16751 (intervenor appeal), will be heard by a panel of three judges of the United States Court of Appeals for the Ninth Circuit on Monday, December 6, beginning at 10 a.m. (Pacific time) in San Francisco. The judges randomly chosen for panel include Stephen Reinhardt, N. Randy Smith and Michael Hawkins.
“The main appeal involves a challenge by two same-sex couples to the constitutionality of Proposition 8, a voter-enacted amendment to the California Constitution, which provides that only marriage between a man and a woman is valid in California. The U.S. District Court for the Northern District of California found Proposition 8 unconstitutional under the Due Process and Equal Protection clauses of the Fourteenth Amendment to the Constitution, and entered an order permanently enjoining the enforcement of Proposition 8. The official proponents of Proposition 8 and the committee designated by the official proponents as the official Yes on 8 campaign appeal the district court’s judgment. In the intervenor appeal, Imperial County, its board of supervisors and county clerk appeal the district court’s denial of their motion to intervene as defendants in the district court proceedings.”
Stanford Law School will be broadcasting the oral arguments in the Student Lounge and the Reference Desk Lounge on the 2nd floor of the Robert Crown Law Library.
In preparation for the hearing, the library has created a Selected Bibliography with links to key court documents, news coverage, legal scholarship, websites, and other publications surrounding both Perry v. Schwarzenegger and Proposition 8. Please enjoy the collected materials!