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Amicus brief by Equality California (w/attached motion for leave to file brief) in support of Plaintiffs-Appellees w/attached . Filed 10/25/2010. NOTE: Brief begins pdf pg 6.
  U.S. Court of Appeals Case No.10-16751IN THE UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUITKRISTIN PERRY, ET AL.  Plaintiffs-Appellees, v. ARNOLD SCHWARZENEGGER, ET AL.  Defendants and COUNTY OF IMPERIAL, ET AL., Movants-Appellants, On Appeal From The United States District Court, Northern District of CaliforniaCase No. 09-CV-2292 VRWThe Honorable Vaughn R. Walker  PROPOSED AMICUS CURIAE EQUALITY CALIFORNIA’SMOTION FOR LEAVE TO FILE AMICUS-CURIAE BRIEFIN SUPPORT OF PLAINTIFFS-APPELLEES AND PLAINTIFF-INTERVENOR-APPELLEE AND IN SUPPORT OF AFFIRMANCE CALDWELL LESLIE & PROCTOR,PCDavid C. Codell, Of Counsel  , State Bar No. 200965Linda M. Burrow, State Bar No. 194668Albert Giang, State Bar No. 224332Benjamin A. Au, State Bar No. 2378541000 Wilshire Boulevard, Suite 600Los Angeles, California 90017-2463Telephone: (213)629-9040Facsimile: (213)629-9022  Attorneys for Equality California Case: 10-16751 10/25/2010 Page: 1 of 5 ID: 7522214 DktEntry: 33-1  1Pursuant to Rule 29(b) of the Federal Rules of Appellate Procedure(“FRAP”), proposed Amicus Curiae Equality California respectfully moves for leave to file an amicus-curiae brief in support of Plaintiffs-Appellees Kristin M.Perry et al. and Plaintiff-Intervenor-Appellee City and County of San Francisco.Equality California is a state-wide advocacy group protecting the needs andinterests of lesbian, gay, bisexual, and transgender Californians and their families,including members of same-sex couples and their children. It is also California’slargest lesbian, gay, bisexual, and transgender civil rights organization, with tens of thousands of members. Equality California’s members include registered voters inevery county in the State of California. Equality California’s members alsoinclude same-sex couples who wish to marry in the state of California but cannotdo so while Proposition 8 is being enforced; same-sex couples who married inCalifornia before Proposition 8’s enactment; same-sex couples who are marriedunder the laws of other jurisdictions; and same-sex couples who have registeredwith the state of California as domestic partners. The issues raised in this appealwill directly affect Equality California’s members and supporters.Equality California also has developed extensive expertise regarding legaland factual issues raised in this appeal. Equality California regularly sponsorslegislation in the California Legislature. Over the past decade, Equality Californiahas successfully sponsored more than 60 pieces of civil rights legislation for the Case: 10-16751 10/25/2010 Page: 2 of 5 ID: 7522214 DktEntry: 33-1  2lesbian, gay, bisexual, and transgender community in California, including manyof the state’s anti-discrimination laws and laws concerning marriage and domestic partnership.Equality California also frequently participates in litigation in support of therights of lesbian, gay, bisexual, and transgender persons, and has done so by bringing lawsuits as a plaintiff, by intervening as a plaintiff, by intervening as adefendant in support of California enactments, and by participating as an amicuscuriae. As both a frequent sponsor of legislation and a membership organization,Equality California is familiar with standards governing participation by sponsorsof legislation in litigation in federal and California courts, including the limits onsuch participation.Equality California has been a party in other judicial proceedings concerningmarriage equality. For example, Equality California was a plaintiff in  In reMarriage Cases , 183 P.3d 384 (2008), and was a petitioner in Strauss v. Horton ,207 P.3d 48, 68 (Cal. 2009). Equality California also spearheaded the “No” onProposition 8 campaign, and was one of the leading fund-raising organizations for the campaign. Geoffrey Kors, the Executive Director of Equality California, was aco-chair of “No-On-8.” As a result of its involvement in marriage equalityadvocacy, Equality California has developed significant expertise in the movementfor the rights of lesbian, gay, bisexual, and transgender persons; the marriage Case: 10-16751 10/25/2010 Page: 3 of 5 ID: 7522214 DktEntry: 33-1  3equality movement; the legal issues surrounding marriage rights in the states and atthe federal level; and state and federal constitutional issues specific toProposition8.The accompanying brief that Equality California seeks leave to file as anamicus curiae addresses the Article III standing issues raised by the appeal filed byMovant-Appellants County of Imperial, the Board of Supervisors of the County of Imperial, and Deputy Clerk Isabel Vargas (“Imperial Movants”). Not only isArticle III standing an “irreducible constitutional minimum” to invoke the jurisdiction of federal courts,  Lujan v. Defenders of Wildlife , 504 U.S. 555, 560(1992), it is an issue on which this Court has specifically requested briefing in therelated appeal by the Intervenors who were the Proponents of Proposition 8. See Court Order Dated August16, 2010 [Docket No. 14 of Appeal No. 10-16696](directing parties to discuss in their opening briefs “why this appeal should not bedismissed for lack of Article III standing”). In response to the Court’s request,Imperial Movants addressed the issue of whether they have standing. See ImperialMovants’ Opening Brief [Docket No. 8 of Appeal No. 10-16751] at 7-25. EqualityCalifornia respectfully submits its amicus-curiae brief to address the Article IIIstanding arguments raised by the Imperial Movants.In addition, Equality California’s amicus-curiae brief discusses theunprecedented ways in which Proposition8 violates the Equal Protection guarantee Case: 10-16751 10/25/2010 Page: 4 of 5 ID: 7522214 DktEntry: 33-1
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