Our Work » Case Timeline | American Foundation for Equal Rights 3/10/11 7:21 PM

American Foundation for Equal Rights

Home About Us Our Work Media Action Donate

Our Arguments Case Timeline LEGAL FILINGS Share | HEARING TRANSCRIPTS

Case Timeline
Filing
Join Us
District Court
Appeals
First Name:
Filing Last Name:
As its first step in its mission to advance equal rights for every American, American
Foundation for Equal Rights filed a federal court challenge against Prop. 8 in May 2009. Email:

AFER hired attorneys Theodore Olson and David Boies (who notably faced-off against each ZIP Code:
other in Bush v. Gore), who are leading a team of lawyers from their firms, Gibson, Dunn &
Crutcher and Boies, Schiller & Flexner, to litigate the case against Prop. 8. The plaintiffs in the Get the news even faster (optional)
case are two same-sex couples – Kris Perry & Sandy Stier and Paul Katami & Jeff Zarrillo –
who wish to marry but cannot because of Proposition 8.
Mobile #:

Because the suit challenges California law, the named defendants in the case are Governor
Arnold Schwarzenegger, Attorney General Jerry Brown, and various other state and county
officials with jurisdiction over California marriages.

Governor Schwarzenegger, however, has refused to use state resources to challenge AFER’s
position, and Attorney General Brown went so far as to file papers with the court agreeing that
Prop. 8 is unconstitutional. Accordingly, Prop. 8 is being defended by the group that led the
campaign to pass it.
American Foundation for Equal Rights
on Facebook
The City and County of San Francisco, led by City Attorney Dennis Herrera and Chief Deputy
City Attorney Therese Stewart, are supporting the plaintiffs’ team as co-counsel, with a specific Like
focus on the negative impact Prop. 8 has on government services and budgets. Herrera and
Stewart led the legal battle toward the California Supreme Court decision that struck down American Foundation for Equal Rights Today, the President
and First Lady hosted a conference on bullying, bringing
California’s previous same-sex marriage ban. The ACLU, Lambda Legal, and National Center
together students, parents, teachers, non-profit leaders and
for Lesbian Rights, who previously argued the California State challenge to Prop. 8, are policymakers. How do you think we can make our
participating in the federal challenge as amici (friends of the court). communities safer for LGBT youth nationwide?

White House Takes on Bullies

District Court abcn.ws
Bullying has become more widely
Perry v. Schwarzenegger was heard in the United States District Court for the Northern recognized as a significant problem for
District of California by its chief judge, Vaughn R. Walker. young Americans and today President
Obama and first lady Michelle Obama lent
their weight to the issue, hosting a first-
Testimony in the trial began January 11, 2010 and concluded January 27, 2010. Closing of-its-kind White House conference on
arguments occurred June 16, 2010. bullying. Obama said the key goal of the
conference is to dispel the
Read the official hearing transcripts >
Read Judge Walker’s Decision which ruled Prop. 8 unconstitutional > 4 hours ago

American Foundation for Equal Rights “My partner Melissa

One August 4, the Court released its decision, which determined that there was no evidence to and I can’t wait because my dad is 73 and I want him to walk
support California’s refusal to recognize marriage between two people because of their sex nor me down the aisle.” –Erica, Santa Rosa.
to show California has an interest in differentiating between same-sex and opposite-sex 84,852 people like American Foundation for Equal Rights.
unions. The Court ruled that:

Prop. 8 enacted a private moral view without advancing a legitimate government

interest and concluded that Proposition 8 burdens a fundamental right to marry and
singles gays and lesbians out for different and unequal treatment under the law. Robert James Sornphetch Rusty Nicole Lauren
Gay and lesbian individuals deserve “strict scrutiny” under the law, meaning that laws
which discriminate on the basis of sexual orientation would rarely, if ever, be
appropriate.
Proposition 8 is unconstitutional under both the Due Process and Equal Protection
Tracey Kristi Robert Will Jim Manufou
Clauses of the 14th Amendment of the U.S. Constitution.
Same-sex couples should be allowed to marry again in California. Facebook social plugin

Appeals

http://www.afer.org/our-work/case-timeline/ Page 1 of 2
Our Work » Case Timeline | American Foundation for Equal Rights 3/10/11 7:21 PM

The 9th Circuit Court has stayed the enforcement of Judge Walker’s decision. The Court
placed the appeal on an accelerated schedule.

Oral arguments we heard on Monday, December 6, 2010 from 10 a.m. PST to 12:30 p.m. PST.

Both sides first addressed the issue of standing. David Boies faced off against the proponents
of Prop. 8 and Imperial County, arguing that they lack the requirements necessary to appeal
the Federal District Court decision.

Then, after a short recess, each side argued the merits of the case. Theodore B. Olson asserted
that marriage is a fundamental right, denying that right to gay and lesbian Americans harms
them and their families, and that Prop. 8 violates our nation’s promise of equality for all.

AFER is committed to pursuing this case to the United States Supreme Court.

Broadcast of Oral Arguments Part One

Broadcast of Oral Arguments Part Two

American Foundation for Equal Rights. © 2011 Home Privacy Contact Us Donate

Design by Chad Renard | Web development by WebModia

Design by Chad Renard | Web development by WebModia

http://www.afer.org/our-work/case-timeline/ Page 2 of 2