Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword or section
Like this
2Activity
0 of .
Results for:
No results containing your search query
P. 1
CA9Doc 196

CA9Doc 196

Ratings: (0)|Views: 1,123|Likes:
Published by Kathleen Perrin
Amicus brief by The Southern Poverty Law Center in support of Plaintiffs-Appellees (w/attached motion for leave to file brief. Filed 10/25/2010. NOTE: Brief begins pdf pg 8
Amicus brief by The Southern Poverty Law Center in support of Plaintiffs-Appellees (w/attached motion for leave to file brief. Filed 10/25/2010. NOTE: Brief begins pdf pg 8

More info:

Published by: Kathleen Perrin on Oct 26, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

06/27/2012

pdf

text

original

 
Case No. 10-16696UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUIT
 _____________________________________________________ KRISTIN M. PERRY, et al.,
 Plaintiffs-Appellees
,v.ARNOLD SCHWARZENEGGER, et al.,
 Defendants,
andPROPOSITION 8 OFFICIAL PROPONENTS DENNISHOLLINGSWORTH, et al.,
 Defendants-Intervenors-Appellants
. ______________________________________________________ 
MOTION FOR LEAVE TO FILE
 AMICUS CURIAE 
BRIEFIN SUPPORT OF PLAINTIFFS-APPELLEESBY THE SOUTHERN POVERTY LAW CENTER 
 _______________________________________________________ Appeal From United States District Court, Northern District of Calif.Case No. CV-09-02292 VRW (Hon. Vaughn R. Walker, Presiding) _______________________________________________________ Scott Wm. Davenport
*
Jason J. Molnar Darin L. Wessel
*
Peter C. Catalanotti
MANNING & MARDER, KASS, ELLROD, RAMIREZ
LLP
19800 MacArthur Boulevard, Suite 600Irvine, California 92612Tel: (949) 440-6690; Fax: (949) 474-6991
Certified Appellate Specialist,
*
California State Bar Board of Legal Specialization
Attorneys for 
 Amicus Curiae
,THE SOUTHERN POVERTY LAW CENTER 
Case: 10-16696 10/25/2010 Page: 1 of 7 ID: 7522127 DktEntry: 196-1
 
TO THE HONORABLE CHIEF JUDGEAND THE HONORABLE ASSOCIATE JUDGESOF THE UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUIT:
THE SOUTHERN POVERTY LAW CENTER (“SPLC”)hereby moves for leave to file a brief as
amicus curiae
in support of the plaintiffs-appellees in this matter. FRAP 29(b) allows a party toseek leave to file a brief as
 Amicus Curiae
where the party has aninterest in the issues on appeal and when the party asserts matters thatare relevant to the disposition of the case. This Court has broaddiscretion to permit a third party to participate in an actions as
 AmicusCuriae
. See, e.g.,
Gerritson v. de la Madrid Hurtado
, 819 F.2d 1511,1514, n. 3 (9th Cir. 1987). This Motion is being filed concurrentlywith the proposed
 Amicus Curiae
Brief.
I
NTEREST OF
A
MICUS
C
URIAE
The SPLC is internationally known for its unrelenting stanceon equality by fighting all forms of discrimination to make thisnation’s Constitutional ideals a reality. As a long-standing leader inthe civil rights movement, the SPLC submits that legislation
repealing 
one of the most personal fundamental right’s we possess as
Case: 10-16696 10/25/2010 Page: 2 of 7 ID: 7522127 DktEntry: 196-1
 
human beings – the right to marry the person of one’s choice – constitutes a denial of due process and equal protection where, ashere, no rational basis existed to do so. The SPLC is uniquelyqualified to act as a “Friend of the Court” in this manner, given itslong-standing commitment to equal protection and toleranceeducation.
S
TATEMENT OF
EASONS
W
HY
T
HIS
A
MICUS
C
URIAE
B
RIEFIS
D
ESIRABLE AND
ELEVANT TO THE
D
ISPOSITION OF THIS
C
ASE
Since the earliest written records, those in power throughoutthe world have passed law which suppress minority members of society. Over the last 200 years, the United States has been noexception and his made its own contribution to this shameful legacyin the form of animus-based laws -- affirmed by the highest court inland -- upholding a slave owner’s “property interest” in a human being, the charade of “separate but equal,” or the right of governmentto intern an entire race of people.This same Country, however, has also seen many other discriminatory laws invalidated: voiding “restrictive covenants,”abolishing segregation, striking down anti-miscegenation statutes,
Case: 10-16696 10/25/2010 Page: 3 of 7 ID: 7522127 DktEntry: 196-1

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->