View source for Perry v. Schwarzenegger

Perry v. Schwarzenegger is a lawsuit filed by two homosexual couples against California government officials and supporters of Proposition 8, a ballot initiative approved by a majority of California voters on November 4, 2008 that modified California's constitution to prohibit same-sex marriage. 

The lawsuit was filed in federal district court in the Northern District of California on May 22, 2009 and the trial began on January 11, 2010. 

On August 4, 2010, a federal court judge ruled that the voter-approved Proposition 8 was unconstitutional, violating the [[Due Process of Law|Due Process]] and the [[Equal protection|Equal Protection]] clauses of the [[Fourteenth Amendment]] of the [[Constitution of the United States|U.S. Constitution]].<ref>http://blogs.findlaw.com/courtside/2010/08/judge-overturns-californias-proposition-8.html</ref> 

Following Judge Walker's decision, an [[Appeal|appeal]] was filed with the Ninth Circuit [[Court of Appeal|Court of Appeals]]. A randomly-selected three judge panel will hear this case. After the panel reaches a decision, an [[En Banc|en banc]] hearing will likely be requested. <ref>http://blogout.justout.com/?p=20392</ref> 

{{Current case}}<br> 

== Overview  ==

Perry v. Schwarzenegger is notable for several reasons.&nbsp; First, it is a high-profile challenge to a restriction on same-sex marriage under the Equal Protection Clause of the 14th Amendment to the [[Constitution of the United States|United States Constitution]]. As such, there is a high likelihood that the case could will end up before the [[Supreme Court of the United States|United States Supreme Court]]. This could turn Perry v. Schwarzenegger into a watershed [[Civil Rights|civil rights]] case. 

The plaintiffs in the case are represented by an unlikely pair of well-known attorneys. Theodore "Ted" Olson represented [[George Walker Bush|George W. Bush]] in [[Bush v. Gore]], while David Boies represented Vice President [[Albert Gore Jr.|Al Gore]] in the case.&nbsp; Ted Olson later served as Solicitor General during the Bush presidency, and is a prominent conservative Republican. David Boies on the other hand is a famously liberal Democrat. Same-sex marriage supporters initially questioned Olson's motivations for taking the suit and expressed concern that his intention was to sabotage the lawsuit from the inside. 

== Legal Developments  ==

Perry v. Schwarzenegger reignited the long-running debate on cameras inside of federal courtrooms.&nbsp; Chief Judge Vaughn Walker, the presiding judge in the case, initially ruled that video recordings of the proceedings could appear on YouTube.&nbsp; Supporters of Prop 8 filed an emergency appeal with the US Supreme Court, arguing that their witnesses would be subject to harassment based on their views and positions in the case. The U.S. Supreme Court issued a [[Temporary Restraining Order|temporary restraining order]] prohibiting broadcasts of the trial on January 11, 2009.<ref>http://www.mercurynews.com/samesexmarriage/ci_14165465</ref> On January 13, 2009 the [[Supreme Court|Supreme Court]] split along ideological lines and issued a majority opinion upholding the temporary restraining order.<br> 

On August 4, 2010, Chief Judge Vaughn R. Walker issued a 136-page opinion<ref>http://blogs.findlaw.com/courtside/2010/08/judge-overturns-californias-proposition-8.html</ref> overturning Proposition 8 as a violation of the [[Due Process Clause|Due Process Clause]] and [[Equal Protection Clause|Equal Protection Clause]] of the [[Constitution of the United States|United States Constitution]]. The court held that Proposition 8 unconstitutionally burdens the fundamental right to marry and creates an irrational classification on the basis of sexual orientation. 

A stay was instituted against Judge Walker's opinion and this stay was subsequently lifted on August 12, 2010. Same-sex marriages may now resume after August 18, 2010, although proponents of [[Proposition 8|Proposition 8]] may obtain a stay from a higher federal court. If that fails, then a permanent stay may be obtained from the [[Supreme Court of the United States|U.S. Supreme Court]].<ref>http://www.fresnobee.com/2010/08/12/2039353/capitol-alert-judge-removes-stay.html</ref> 

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== References  ==

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== External Links  ==

*[http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/08/04/MNQS1EOR3D.DTL&type=gaylesbian Judge strikes down ban on same-sex marriage (SF Gate)] 
*[http://www.google.com/hostednews/ap/article/ALeqM5hOiMLmsztmiGlNvjNLQLw4N41h1QD9HCU44G5 Judge overturns Calif. gay marriage ban (AP)] 
*[http://www.nytimes.com/2010/08/05/us/05prop.html Court Rejects Same-Sex Marriage Ban in California (New York Times]

== Related Resources on FindLaw  ==

*[http://blogs.findlaw.com/courtside/2010/08/judge-overturns-californias-proposition-8.html Judge Overturns California's Proposition 8] 
*[http://writ.news.findlaw.com/dean/20090529.html The Olson/Boies Challenge to California's Proposition 8: A High-Risk Effort] 
*[http://writ.news.findlaw.com/amar/20100129.html The Ongoing Proposition 8 Trial: Three Key Points About the Evidence and Arguments] 
*[http://writ.news.findlaw.com/grossman/20100719.html Is DOMA -- the Defense of Marriage Act -- Valid? A Federal District Court Judge Says No]

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== See Also  ==

*[[Gay Marriage Legislation]] 
*[[Due Process of Law]] 
*[[Equal protection|Equal Protection]] 
*[[Constitution of the United States]] 
*[[Domestic Partnership Law]] 
*[[Defense of Marriage Act of 1996]]

[[Category:Family_Law]] [[Category:Case]] [[Category:Constitutional_Law]] [[Category:Gay_marriage]] [[Category:Fourteenth_Amendment]]