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Doc 717

Doc 717

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Published by Kathleen Perrin
The Administration's Opposition to Motion to Stay Pending Appeal. Filed 8/6/2010
The Administration's Opposition to Motion to Stay Pending Appeal. Filed 8/6/2010

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Published by: Kathleen Perrin on Aug 06, 2010
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10/25/2012

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392.83.PLE.Oppo.Stay.Motion.cover.wpd
THE ADMINISTRATION’S OPPOSITION TO DEFENDANT-INTERVENORS’ MOTIONFOR STAY PENDING APPEAL -- CASE NO. 09-CV-02292 VRW
MENNEMEIER, GLASSMAN & STROUD LLPKENNETH C. MENNEMEIER (SBN 113973)ANDREW W. STROUD (SBN 126475)KELCIE M. GOSLING (SBN 142225)LANDON D. BAILEY (SBN 240236)980 9th Street, Suite 1700Sacramento, CA 95814-2736Telephone: 916-553-4000Facsimile: 916-553-4011Attorneys for DefendantsArnold Schwarzenegger, in his official capacity as Governor of California, Mark B. Horton, in his official capacity as Director of theCalifornia Department of Public Health and State Registrar of VitalStatistics, and Linette Scott, in her official capacity as Deputy Directorof Health Information & Strategic Planning for the California Departmentof Public Health
UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF CALIFORNIASAN FRANCISCO DIVISION
KRISTIN M. PERRY, et al.,Plaintiffs,CITY AND COUNTY OF SANFRANCISCO,Plaintiff-Intervenor,v.ARNOLD SCHWARZENEGGER, in hisofficial capacity as Governor of California,et al.,Defendants,andPROPOSITION 8 OFFICIALPROPONENTS DENNISHOLLINGSWORTH, et al.,Defendant-Intervenors.____________________________________)))))))))))))))))))))))))Case No. 09-CV-02292 VRW
THE ADMINISTRATION’S OPPOSITIONTO DEFENDANT-INTERVENORS’MOTION FOR STAY PENDING APPEAL
No Hearing Date SetThe Honorable Vaughn R. Walker
Case3:09-cv-02292-VRW Document717 Filed08/06/10 Page1 of 11
 
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392.83.PLE.Oppo.Stay.Motion.TOC.wpd
iTHE ADMINISTRATION’S OPPOSITION TO DEFENDANT-INTERVENORS’ MOTIONFOR STAY PENDING APPEAL -- CASE NO. 09-CV-02292 VRW
TABLE OF CONTENTS
PageI.INTRODUCTION.................................................1II.ANALYSIS.......................................................2A.A Stay Pending Appeal Is an Extraordinary Remedy, andDefendant-Intervenors Carry a Heavy Burden to Demonstrate thata Stay Is Warranted Here.................................2B.Denying the Extraordinary Relief of a Stay, and Allowing theCourt’s Judgment to Take Effect, Furthers the Public Interest andDoes Not Burden the State................................31.Allowing the Court’s Judgment to Go Into Effect Furthersthe Public Interest in Ensuring Equality for AllCalifornians......................................32.Allowing the Court’s Judgment to Go Into Effect Does NotBurden Any Governmental Interest....................5III.CONCLUSION....................................................6
Case3:09-cv-02292-VRW Document717 Filed08/06/10 Page2 of 11
 
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392.83.PLE.Oppo.Stay.Motion.wpd
1THE ADMINISTRATION’S OPPOSITION TO DEFENDANT-INTERVENORS’ MOTIONFOR STAY PENDING APPEAL -- CASE NO. 09-CV-02292 VRW
I.INTRODUCTION
Defendants Arnold Schwarzenegger, in his official capacity as Governor of California, Mark B. Horton, in his official capacity as Director of the CaliforniaDepartment of Public Health and State Registrar of Vital Statistics, and Linette Scott, inher official capacity as Deputy Director of Health Information & Strategic Planning forthe California Department of Public Health (collectively, “the Administration”), opposedefendant-intervenors’ “Motion for Stay Pending Appeal.” Doc #705.From the outset, the Administration has urged the Court to resolve theimportant constitutional questions at issue in this case as expeditiously as possible. Now,after extensive discovery, a lengthy trial, thorough briefing, and development of acomplete evidentiary record, the Court has done so. After cataloging the evidence andmaking detailed factual findings and legal conclusions, the Court has enjoinedenforcement of Proposition 8 and, in effect, ordered California to resume issuing marriagelicenses in a gender-neutral manner, as had been done before Proposition 8 went intoeffect. In doing so, the Court has fulfilled its constitutional duty to determinefundamental questions of due process, equal protection, and freedom from discrimination.The Administration believes the public interest is best served by permittingthe Court’s judgment to go into effect, thereby restoring the right of same-sex couples tomarry in California. Doing so is consistent with California’s long history of treating allpeople and their relationships with equal dignity and respect. Conversely, theAdministration submits that staying the Court’s judgment pending appeal is not necessaryto protect any governmental or public interest. As the Court has pointed out, Californiahas already issued 18,000 marriage licenses to same-sex couples without suffering anyresulting harm. Government officials can resume issuing such licenses withoutadministrative delay or difficulty. For these reasons, the Administration respectfullyrequests that the Court deny defendant-intervenors’ motion for stay.
Case3:09-cv-02292-VRW Document717 Filed08/06/10 Page3 of 11

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