Perry v. Schwarzenegger

Location: San Francisco, California
Court: Federal District Court

Defending Proposition 8 in federal court against arguments that it violates the Equal Protection Clause and Due Process Clause of the United States Constitution

Advocates for Faith and Freedom filed a motion on behalf of the County of Imperial to intervene in the federal lawsuit challenging California’s Proposition 8, Perry v. Schwarzenegger.  This is the federal case that will likely decide the “marriage” issue for the entire country if it ends up, as expected, at the U.S. Supreme Court.  Until now, the cases challenging the constitutionality of laws that limit marriage to one man and one woman have generally occurred in state courts and have only concerned each state’s constitution.   

In November, 2008, California voters approved Proposition 8, which amended the California Constitution to provide:  “Only marriage between a man and a woman is valid or recognized in California.”  On May 26, 2009, the California Supreme Court upheld Proposition 8 as a validly enacted amendment to the California Constitution.   

The Plaintiffs in Perry v. Schwarzenegger, now seek to overturn Proposition 8 in federal court arguing that it violates the Equal Protection Clause and Due Process Clause of the United States Constitution. The trial began on January 11, 2010 and testimony concluded on January 27, 2010.  In a few weeks, after the Judge has had an opportunity to review the evidence presented, the attorneys will present closing arguments to the Judge who will then give his ruling.

Approximately 70% of the residents of the County of Imperial voted in favor of Proposition 8.  The Board of Supervisors has voted 3-2 to file the petition to intervene in order to ensure that their residents’ interests in preserving Proposition 8 are adequately represented. Although the “YES ON 8” campaign is a party to the case and is defending Proposition 8, current precedent in the Ninth Circuit states that the campaign may not have standing to appeal if Proposition 8 is declared unconstitutional by the trial court.   

The participation of the County of Imperial is imperative to the defense of Proposition 8 so that a negative decision can be appealed to the Ninth Circuit Court of Appeals and then to the U.S. Supreme Court. We are currently waiting for a decision from the Judge regarding whether he will permit the intervention of the County of Imperial.