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Perry v Schwarzenegger - Opinion Denying Standing of Imperial County

Perry v Schwarzenegger - Opinion Denying Standing of Imperial County

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Published by: Legal Insurrection on Jan 04, 2011
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UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUITKRISTIN M. PERRY; SANDRA B.STIER; PAUL T. KATAMI; JEFFREY J.ZARRILLO,Plaintiffs - Appellees,CITY AND COUNTY OF SANFRANCISCO,Plaintiff-Intervenor -Appellee,v.ARNOLD SCHWARZENEGGER, in hisofficial capacity as Governor of California;EDMUND G. BROWN, Jr., in his officialcapacity as Attorney General of California;MARK B. HORTON, in his officialcapacity as Director of the CaliforniaDepartment of Public Health & StateRegistrar of Vital Statistics; LINETTESCOTT, in her official capacity as DeputyDirector of Health Information & StrategicPlanning for the California Department of Public Health; PATRICK O’CONNELL,in his official capacity as Clerk-Recorder for the County of Alameda; DEAN C.LOGAN, in his official capacity asRegistrar-Recorder/County Clerk for theCounty of Los Angeles, No. 10-16751D.C. No. 3:09-cv-02292-VRW
JAN 04 2011
Case: 10-16751 01/04/2011 Page: 1 of 16 ID: 7598965 DktEntry: 65-1
Defendants,DENNIS HOLLINGSWORTH; GAIL J.KNIGHT; MARTIN F. GUTIERREZ;MARK A. JANSSON;PROTECTMARRIAGE.COM - YES ON8, A PROJECT OF CALIFORNIARENEWAL, as official proponents of Proposition 8; HAK-SHING WILLIAMTAM,Defendants-Intervenor,andCOUNTY OF IMPERIAL; THE BOARDOF SUPERVISORS OF THE COUNTYOF IMPERIAL; ISABEL VARGAS, Inher official capacity as DeputyClerk/Deputy Commissioner of CivilMarriages for the County of Imperial,Movants - Appellants.,Appeal from the United States District Courtfor the Northern District of CaliforniaVaughn R. Walker, Chief District Judge, PresidingArgued and Submitted December 6, 2010San Francisco, CaliforniaBefore: REINHARDT, HAWKINS, and N.R. SMITH, Circuit Judges.
Case: 10-16751 01/04/2011 Page: 2 of 16 ID: 7598965 DktEntry: 65-1
2PER CURIAM.The County of Imperial, its Board of Supervisors, and a Deputy Clerk for theCounty appeal the denial of their motion to intervene in this case concerning theconstitutionality under the United States Constitution of Article I, section 7.5 of theCalifornia Constitution (“Proposition 8”). Concurrently, they assert their standingto appeal on the merits the district court order holding Proposition 8 to beunconstitutional. We affirm the denial of the intervention motion, although ondifferent grounds from those relied upon by the district court, and correspondinglywe dismiss the appeal on the merits for lack of standing. This decision, of course,does not affect the standing or the separate appeal of the official proponents of Proposition 8.
In May 2009, six months after Californians adopted Proposition 8, Plaintiffs brought this action in district court “for declaratory and injunctive relief against theenforcement of Prop. 8.” They named as defendants, all in their official capacities,the Governor of the State of California, the Attorney General of the State of California, the Director of the California Department of Public Health (who servesas the State Registrar of Vital Statistics), the Deputy Director of HealthInformation & Strategic Planning for the California Department of Public Health,
Case: 10-16751 01/04/2011 Page: 3 of 16 ID: 7598965 DktEntry: 65-1

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