Perry et al v. Schwarzenegger et al

Filing 788

MOTION for Leave to File Brief of Amici Curiae Bay Area Lawyers for Individual Freedom, et al., in Opposition to Proponents' Motion to Vacate Judgment filed by Bay Area Lawyers for Individual Freedom. Motion Hearing set for 6/13/2011 09:00 AM in Courtroom 5, 17th Floor, San Francisco before Hon. James Ware. (Attachments: # 1 Brief of Amici Curiae Bay Area Lawyers for Individual Freedom,, AIDS Legal Referral Panel, API Equality LA, API Equality Northern California, Asian American Bar Association of the Greater Bay Area, Asian American Institute, Asian American Justice Center, Asian Law Caucus, Asian Pacific American Bar Association of Los Angeles County, Asian Pacific American Bar Association of Silicon Valley, Asian Pacific American Legal Center, Asian Pacific Islander Legal Outreach, Bay Area Association of Muslim Lawyers, The Black Women Lawyers Association of Northern California, The California Employment Lawyers Association, The Charles Houston Bar Association, Courage Campaign, Equal Justice Society, Family Equality Council, Fred T. Korematsu Center for Law and Equality, Freedom to Marry, Gay & Lesbian Advocates & Defenders, Impact Fund, Iranian American Bar Association, Korean American Bar Association of Northern California, Korean American Bar Association of Southern California, Law Foundation of Silicon Valley, Lawyers Committee for Civil Rights of the San Francisco Bay Area, Lesbian & Gay Lawyers Association of Los Angeles, Marin County Bar Association, Marriage Equality USA, National Asian Pacific American Bar Association, Philippine American Bar Association of Los Angeles, Queens Bench Bar Association, Sacramento Lawyers for the Equality of Gays and Lesbians, San Francisco La Raza Lawyers Association, Santa Clara County Bar Association, Santa Clara County Black Lawyers Association, Society of American Law Teachers, Transgender Law Center, Vietnamese American Bar Association of Northern California, and Women Lawyers of Alameda County, # 2 Proposed Order [Proposed] Order Granting Motion for Leave to File Brief of Amici Curiae Bay Area Lawyers for Individual Freedom, et al., in Opposition to Proponents' Motion to Vacate Judgment)(Bass, Joren) (Filed on 5/25/2011)

1 2 3 4 5 6 7 Joren S. Bass, Bar No. 208143 JBass@perkinscoie.com David J. Tsai, Bar No. 244479 DTsai@perkinscoie.com Allison Zamani, Bar No. 275136 AZamani@perkinsoie.com PERKINS COIE LLP Four Embarcadero Center, Suite 2400 San Francisco, CA 94111-4131 Telephone: 415.344.7000 Facsimile: 415.344.7050 Attorneys for Amici Curiae Bay Area Lawyers for Individual Freedom, et al. 8 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 13 14 KRISTIN M. PERRY, SANDRA B. STIER, PAUL T. KATAMI, and JEFFREY J. ZARRILLO, Plaintiffs, 15 16 17 v. 20 21 22 23 24 25 26 27 28 MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT CITY AND COUNTY OF SAN FRANCISCO, Chief Judge James Ware Plaintiff-Invervenor, 18 19 CASE NO. 09-CV-2292 JW Date: Time: Location: v. June 13, 2011 9:00 a.m. Courtroom 5, 17th Floor EDMUND G. BROWN, JR., in his official capacity as Governor of California; KAMALA D. HARRIS, in her official capacity as Attorney General of California; MARK B. HORTON, in his official capacity as Director of the California Department of Public Health and State Registrar of Vital Statistics; LINETTE SCOTT, in her official capacity as Deputy Director of Health Information & Strategic Planning for the California Department of Public Health; PATRICK O’CONNELL, in his official capacity as ClerkRecorder for the County of Alameda; and DEAN C. LOGAN, in his official capacity as RegistrarRecorder/County Clerk for the County of Los Angeles, Defendants, MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT Case No. 09-CV-2292 JW 1 and 2 PROPOSITION 8 OFFICIAL PROPONENTS DENNIS HOLLINGSWORTH, GAIL J. KNIGHT, MARTIN F. GUTIERREZ, HAKSHING WILLIAM TAM, and MARK A. JANSSON; and PROTECTMARRIAGE.COM – YES ON 8, A PROJECT OF CALIFORNIA RENEWAL, 3 4 5 6 Defendant-Intervenors. 7 8 Additional Amici Curiae: 9 AIDS Legal Referral Panel, API Equality – LA, API Equality – Northern California, 10 Asian American Bar Association of the Greater Bay Area, Asian American Institute, Asian 11 American Justice Center, Asian Law Caucus, Asian Pacific American Bar Association of Los 12 Angeles County, Asian Pacific American Bar Association of Silicon Valley, Asian Pacific 13 American Legal Center, Asian Pacific Islander Legal Outreach, Bay Area Association of Muslim 14 Lawyers, The Black Women Lawyers Assn. of Northern California, The California Employment 15 Lawyers Association, The Charles Houston Bar Association, Courage Campaign, Equal Justice 16 Society, Family Equality Council, Fred T. Korematsu Center for Law and Equality, Freedom to 17 Marry, Gay & Lesbian Advocates & Defenders, Impact Fund, Iranian American Bar Association, 18 Korean American Bar Association of Northern California, Korean American Bar Association of 19 Southern California, Law Foundation of Silicon Valley, Lawyers’ Committee for Civil Rights of 20 the San Francisco Bay Area, Lesbian & Gay Lawyers Association of Los Angeles, Marin County 21 Bar Association, Marriage Equality USA, National Asian Pacific American Bar Association, 22 Philippine American Bar Association of Los Angeles, Queen’s Bench Bar Association, 23 Sacramento Lawyers for the Equality of Gays and Lesbians, San Francisco La Raza Lawyers 24 Association, Santa Clara County Bar Association, Santa Clara County Black Lawyers 25 Association, Society of American Law Teachers, Transgender Law Center, Vietnamese American 26 Bar Association of Northern California, and Women Lawyers of Alameda County. 27 28 -1MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT Case No. 09-CV-2292 JW 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE THAT Bay Area Lawyers for Individual Freedom, AIDS 3 Legal Referral Panel, API Equality – LA, API Equality – Northern California, Asian American 4 Bar Association of the Greater Bay Area, Asian American Institute, Asian American Justice 5 Center, Asian Law Caucus, Asian Pacific American Bar Association of Los Angeles County, 6 Asian Pacific American Bar Association of Silicon Valley, Asian Pacific American Legal Center, 7 Asian Pacific Islander Legal Outreach, Bay Area Association of Muslim Lawyers, The Black 8 Women Lawyers Assn. of Northern California, The California Employment Lawyers Association, 9 The Charles Houston Bar Association, Courage Campaign, Equal Justice Society, Family 10 Equality Council, Fred T. Korematsu Center for Law and Equality, Freedom to Marry, Gay & 11 Lesbian Advocates & Defenders, Impact Fund, Iranian American Bar Association, Korean 12 American Bar Association of Northern California, Korean American Bar Association of Southern 13 California, Law Foundation of Silicon Valley, Lawyers’ Committee for Civil Rights of the San 14 Francisco Bay Area, Lesbian & Gay Lawyers Association of Los Angeles, Marin County Bar 15 Association, Marriage Equality USA, National Asian Pacific American Bar Association, 16 Philippine American Bar Association of Los Angeles, Queen’s Bench Bar Association, 17 Sacramento Lawyers for the Equality of Gays and Lesbians, San Francisco La Raza Lawyers 18 Association, Santa Clara County Bar Association, Santa Clara County Black Lawyers 19 Association, Society of American Law Teachers, Transgender Law Center, Vietnamese American 20 Bar Association of Northern California, and Women Lawyers of Alameda County respectfully 21 request the Court’s leave to participate as amici curiae in the above-captioned case in opposition 22 to Defendant-Intervenors Dennis Hollingsworth, Gail J. Knight, Martin F. Guiterrez, Mark A. 23 Jansson, and ProtectMarriage.com’s Motion to Vacate Judgment. 24 I. 25 STANDARD FOR MOTION FOR LEAVE TO FILE BRIEF AMICI CURIAE “District courts frequently welcome amicus briefs from non-parties concerning legal 26 issues that have potential ramifications beyond the parties directly involved or if the amicus has 27 ‘unique information or perspective that can help the court beyond the help that the lawyers for the 28 parties are able to provide.’” NGV Gaming, Ltd. v. Upstream Pont Molate, LLC, 355 F. Supp. 2d -2MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT Case No. 09-CV-2292 JW 1 1061, 1067 (N.D.Cal.2005) (quoting Sonoma Falls Devs., LLC v. Nevada Gold & Casinos, Inc., 2 272 F. Supp. 2d 919, 925 (N.D. Cal. 2003)). Participation of amici is particularly appropriate 3 where the legal issues in a case have potential ramifications beyond the parties directly involved 4 or where amici can offer a unique perspective that may assist the Court. Sonoma Falls, 272 F. 5 Supp. 2d at 925. 6 II. 7 IDENTITY AND INTEREST OF AMICI CURIAE Bay Area Lawyers For Individual Freedom (“BALIF”) is the nation’s oldest and 8 largest bar association of lesbian, gay, bisexual and transgender (“LGBT”) persons. Founded in 9 1980, BALIF serves to take action on questions of law and justice that affect the LGBT 10 community; strengthen ties among LGBT legal professionals; build coalitions to combat 11 discrimination; promote the appointment of LGBT attorneys to the judiciary, public agencies, and 12 commissions; fund scholarships for LGBT laws students and fellowships for public interest 13 lawyers working on LGBT issues; and provide a forum for the exchange of ideas and information 14 of concern to members of the LGBT legal community. 15 The AIDS Legal Referral Panel (“ALRP”) supports the independence of the judicial 16 branch and does not believe that a judge’s membership in a minority group or protected class 17 should prevent her from presiding over a case. A judge living with a disability, including 18 HIV/AIDS, should not be precluded from deciding issues related to disability discrimination just 19 as an African-American judge should not be barred from deciding a case involving race 20 discrimination. To hold otherwise would effectively negate the very important value of 21 promoting diversity within the judicial branch. 22 API Equality–LA advocates in the Greater Los Angeles Asian and Pacific Islander (API) 23 community for fair treatment of lesbian, gay, bisexual, and transgender (LGBT) people and 24 marriage equality. API Equality–LA recognizes that the long history of discrimination against 25 the API community, especially California's history of anti-miscegenation laws and exclusionary 26 efforts targeted at Asian immigrants, parallels the contemporary exclusion of lesbians and gay 27 men from marriage in California. Because API Equality–LA is dedicated to achieving mutual 28 -3MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT Case No. 09-CV-2292 JW 1 respect and security for all loving families, including those of devoted same-sex couples, it has an 2 interest in this litigation and seeks to participate as an amicus curiae. 3 API Equality – Northern California is a coalition of Asian Pacific Islander (API) and 4 Lesbian, Gay, Bisexual, Trans, Intersex, and Queer/Questioning (LGBTIQ) of organizations and 5 individuals that is committed to reducing and eliminating prejudice and oppression based on 6 gender, gender identity, and/or sexual orientation in the diverse ethnic communities of the API 7 populace and to reducing and eliminating racially-motivated or xenophobic prejudice and 8 oppression in the LGBTQI community. API Equality – Northern California is dedicated to 9 empowering community members, advancing civil rights protections, and promoting respect and 10 understanding for cultural and community diversity. 11 The Asian American Bar Association of the Greater Bay Area (“AABA”) was founded 12 in 1976 to provide Asian American attorneys in the San Francisco Bay Area with a vehicle for the 13 unified expression of opinions and positions on matters of concern to all Asian Pacific Americans 14 (APA). Throughout its history, AABA has led and supported efforts to overturn discrimination 15 against minority communities on all fronts. For the past five years, AABA has played an active 16 role in supporting marriage equality for all Californians. AABA has a special interest in 17 challenging discrimination by and in the government. 18 Asian American Institute, Member of Asian American Center for Advancing Justice 19 (“AAI”), is a pan-Asian, non-partisan, not-for-profit organization located in Chicago, Illinois, 20 whose mission is to empower and advocate for the Asian American community through 21 advocacy, coalition-building, education, and research. AAI is a member of the Asian American 22 Center for Advancing Justice, whose other members include Asian American Justice Center, 23 Asian Law Caucus, and Asian Pacific American Legal Center. AAI’s programs include 24 community organizing, leadership development, and legal advocacy. AAI is deeply concerned 25 about the discrimination and lack of fair representation faced by minorities and marginalized 26 communities. Accordingly, AAI has a strong interest in this case. 27 28 The Asian American Justice Center, Member of the Asian American Center for Advancing Justice (“AAJC”), is a national non-profit, non-partisan organization in Washington, -4MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT Case No. 09-CV-2292 JW 1 D.C., whose mission is to advance the civil and human rights of Asian Americans and build and 2 promote a fair and equitable society for all. Founded in 1991, AAJC engages in litigation, public 3 policy, advocacy, and community education and outreach on a range of issues, including anti- 4 discrimination. AAJC is committed to challenging barriers to equality for all sectors of our 5 society and has supported marriage rights for same-sex partners as an amicus curiae in other 6 cases on this issue. 7 The Asian Law Caucus, Member of the Asian American Center for Advancing 8 Justice (“ALC”), is the oldest Asian American legal rights organization devoted to protecting the 9 civil rights of all racial and ethnic minorities. The mission of ALC is to promote, advance, and 10 represent the legal and civil rights of Asian and Pacific Islander communities. Recognizing that 11 social, economic, political and racial inequalities continue to exist in the United States, ALC is 12 committed to the pursuit of equality and justice for all sectors of our society. ALC has a strong 13 interest in protecting the integrity of the core constitutional principle of equal protection of the 14 law for all Americans. 15 The Asian Pacific American Bar Association of Los Angeles County (“APABA-LA”) 16 is comprised of attorneys, judges, commissioners and law students throughout Los Angeles 17 County. APABA-LA provides legal education and assistance to underserved communities; 18 sponsors programs in professional development, community education, and law student 19 mentorship; and addresses issues that impact Asian Pacific Americans and other minorities. In 20 furtherance of its mission, APABA-LA has and continues to advocate for equal rights for 21 members of the LGBT community and to oppose discrimination based upon sexual orientation. 22 The Asian Pacific American Bar Association of Silicon Valley (“APABA-SV”), formed 23 over 20 years ago, serves to foster professional development, advocacy, and community 24 involvement for Silicon Valley's Asian Pacific American legal community, and to promote justice 25 and equality for all. APABA-SV members will be affected by any decision concerning whether 26 membership in a minority group prevents a judge from presiding in litigation involving that 27 minority group. Additionally, many LGBT individuals are Asian Americans and affected by 28 -5MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT Case No. 09-CV-2292 JW 1 Proposition 8, so the outcome of this case directly affects people within the Asian American 2 community. APABA-SV, therefore, has an interest in this motion to vacate trial judgment. 3 The Asian Pacific American Legal Center, Member of the Asian American Center 4 for Advancing Justice (“APALC”), is a nonprofit legal organization that serves the Asian and 5 Pacific Islander communities through impact litigation, direct services, leadership development, 6 and public policy advocacy. Since its founding in 1983, APALC has been a leading civil rights 7 voice, advocating against discrimination and working across diverse communities to promote 8 justice, on issues ranging from race to language and immigration to sexual orientation. APALC 9 also works to increase diversity in the legal profession and judiciary. APALC joins this amicus 10 brief because it strongly believes that diverse members of the judiciary contribute to a legal 11 system that promotes equality and justice, and any attempt to suggest otherwise is contrary to 12 basic notions of fairness. 13 Asian Pacific Islander Legal Outreach (“API Legal Outreach”) is a community-based, 14 social justice organization serving the Asian and Pacific Islander communities of the Greater Bay 15 Area. Founded in 1975, our mission is to promote culturally and linguistically appropriate 16 services for the most marginalized segments of the API community. Our work is currently 17 focused in the areas domestic violence, violence against women, immigration and immigrant 18 rights, senior law and elder abuse, human trafficking, public benefits, and social justice 19 issues. API Legal Outreach has been fighting against all forms of discrimination, especially 20 against the LGBTQ community, for many years. API Legal Outreach is a member of API 21 Equality, and also was the lead author of an amicus brief for the 2006 Woo v. Lockyer case 22 advocating for the rights of same-sex marriage. The brief represented 28 Asian American 23 organizations and was joined by over 60 Asian American organizations. 24 The Bay Area Association of Muslim Lawyers believe in the exercise of judicial 25 freedom. Judicial opinions should not be scrutinized based on the sexual orientation, race or 26 religion of our Judicial officers. Judge Vaughn Walker has upheld the law of the United States by 27 serving on the Federal Bench for over twenty years. His record does not in any way show that he 28 -6MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT Case No. 09-CV-2292 JW 1 has compromised a judicial opinion based on his own bias. We hope the court will stand by it's 2 decision to strike down prop 8 because it violates the civil and human rights of our citizens. 3 The Black Women Lawyers Association of Northern California (“BWLNC”) is a non- 4 profit organization founded in 1979 representing the interests of African American women 5 attorneys, judges and law students throughout Northern California. The mission of the BWLNC 6 is to provide professional, financial, educational, social, and moral support for Black women in 7 the legal profession. Part of this goal necessarily includes combating bias wherever it may occur. 8 Dr. Martin Luther King, Jr. once said that “Injustice anywhere is a threat to justice everywhere.” 9 BWLNC firmly believes that the attack on Judge Vaughn Walker based on his sexual orientation 10 is no different than the racist attacks in the past and present on Black women seeking to practice 11 in this esteemed profession. Thus, we find it completely and totally abhorrent that Proposition 8 12 proponents now argue that Judge Walker should have recused himself from the case at 13 issue because he is gay and has been in a long-term relationship for the past 10 years with another 14 man. We join Bay Area Lawyers for Individual Freedom (BALIF) in their amicus brief to the 15 court on the basis that judiciary independence should never be thwarted by looking at a judge's 16 personal beliefs and/or status and that no member of a minority group should be disqualified from 17 ruling on or participating in any litigation that is of major consequence to that particular group. 18 The California Employment Lawyers Association (“CELA”) is an organization 19 composed of approximately 1000 attorneys who represent primarily plaintiffs in employment 20 discrimination cases and other matters arising in the workplace. Ensuring civil rights lies at the 21 core of CELA's mission. CELA has participated in amicus coalitions in both the 22 California litigation and federal litigation relating to Proposition 8. 23 The Charles Houston Bar Association (“CHBA”) is a non-profit organization founded 24 in 1955 representing the interests of African American attorneys, judges and law students 25 throughout Northern California. The mission of the Association is to improve access to justice; to 26 promote equal protection under the law; to be proactive in increasing diversity within the legal 27 community and to the bench; to bring services to the community; and to support the Association’s 28 judges, attorneys and law students. One of our core values is to eradicate injustice within and -7MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT Case No. 09-CV-2292 JW 1 throughout the legal community. Thus, we find it completely and totally abhorrent that 2 Proposition 8 proponents now argue that Judge Walker should have recused himself from the case 3 at issue because he is gay and has been in a long-term relationship for the past 10 years with 4 another man. We join Bay Area Lawyers for Individual Freedom (BALIF) in their amicus brief 5 to the court on the basis that judiciary independence should never be thwarted by looking at a 6 judge's personal beliefs and/or status and that no member of a minority group should be 7 disqualified from ruling on or participating in any litigation that is of major consequence to that 8 particular group. 9 The Courage Campaign is a nonprofit California-based social justice organization 10 comprised of hundreds of thousands of Californians and is supported by thousands of small 11 financial donors. In January 2010, Courage Campaign created a website to follow the trial, 12 prop8trialtracker.com, that has been viewed more an 4 million times and more than 138,000 13 Courage Campaign members submitted comments in Perry v. Schwarzenegger asking the court to 14 broadcast the trial on YouTube. 15 The Equal Justice Society (“EJS”) is a national organization of scholars, advocates, and 16 citizens that seeks to promote equal opportunity and progressive social change through law, 17 public policy, public education, and research. The primary mission of EJS is to combat the 18 continuing scourge of racial discrimination and inequality in America. Consistent with that 19 mission, EJS works to confront all manifestations of invidious discrimination and second-class 20 citizenship. Such threats to dignity spring from a common source and endanger everyone, no 21 matter the context in which they arise. 22 Family Equality Council, founded in 1979, is a national organization working to achieve 23 social and legal equality for LGBT families by providing direct support, educating the American 24 public, and advancing policy reform that ensures full recognition and protection under the law. 25 Family Equality Council has more than 65,000 supporters, thousands of which are located in 26 California. As a national organization, Family Equality Council has broad experience protecting 27 the rights of LGBT-headed families and serving the over 200 local parents groups that support 28 them. -8MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT Case No. 09-CV-2292 JW 1 The Fred T. Korematsu Center for Law and Equality (“Korematsu Center”) is a 2 nonprofit organization based at Seattle University School of Law and works to advance justice 3 through research, advocacy, and education. The Korematsu Center is dedicated to advancing the 4 legacy of Fred Korematsu, who defied the military orders during World War II that ultimately led 5 to the internment of 110,000 Japanese Americans. He took his challenge of the military orders to 6 the United States Supreme Court, which upheld his conviction in 1944 on the ground that the 7 removal of Japanese Americans was justified by “military necessity.” Fred Korematsu went on to 8 successfully challenge his conviction and to champion the cause of civil liberties and civil rights 9 for all people. The Korematsu Center, inspired by his example, works to advance his legacy by 10 promoting justice for all. It has a strong interest in protecting the integrity of the core 11 constitutional principles of equal protection and fundamental rights, and ensuring the courts’ role 12 as final arbiter of these constitutional guarantees. It has a strong interest in improving judicial 13 diversity as well as ensuring judicial independence. We note that the Korematsu Center does not, 14 in this brief or otherwise, represent the official views of Seattle University. 15 Freedom to Marry is the national campaign to end marriage discrimination in the United 16 States. Freedom to Marry works with partner organizations and individuals to win the right to 17 marry in more states, solidify and diversify the majority for marriage, and challenge and end 18 federal marriage discrimination. Freedom to Marry is based in New York, with offices in Oregon 19 and DC, and has participated as amicus curiae in several marriage cases in the United States and 20 abroad. 21 Gay & Lesbian Advocates & Defenders (“GLAD”) is a leading legal rights organization 22 dedicated to ending discrimination based upon sexual orientation, HIV status, and gender identity 23 and expression. GLAD has challenged discrimination in marriage in several states. Most 24 notably, these cases include Goodridge v. Dept. of Public Health, 798 N.E.2d 941 (Mass. 2003), 25 and Kerrigan v. Dept. of Public Health, 957 A.2d 407 (Conn. 2008) (establishing the right of 26 same-sex couples to marry under the Massachusetts and Connecticut constitutions). In addition, 27 GLAD has appeared as counsel or amicus curiae in numerous litigations involving discrimination 28 based on sexual orientation, HIV status, and gender identity and expression. -9MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT Case No. 09-CV-2292 JW 1 The Impact Fund is a non-profit foundation that provides funding, training, and co- 2 counsel to public interest litigators across the country. It is a State Bar Legal Services Trust Fund 3 Support Center, providing services to legal services projects across California. The Impact Fund 4 is counsel in a number of major civil rights class actions and is lead counsel in Dukes v. Wal-Mart 5 Stores, Inc., 603 F.3d 571 (9th Cir.), cert. granted, 131 S. Ct. 795 (2010), the largest employment 6 discrimination class action in history. 7 Incorporated in 2000 in the District of Colombia, the Iranian American Bar Association 8 (“IABA”) is a non-profit organization of more than 1,500 attorneys in over 9 official chapters 9 nationwide. IABA is the only national association of Iranian judges, lawyers, and law students 10 organized for the specific purpose of protecting the rights of the Iranian American community. 11 IABA’s core mission is to promote the “social, economic, professional and educational 12 advancement of the Iranian American community and the community at large.” Additionally, 13 IABA advocates nationally on legal issues that are of widespread interest to the Iranian American 14 community. To accomplish these goals, one of IABA's primary tasks is to prevent discrimination 15 based on ethnic, cultural or religious background. 16 The Korean American Bar Association of Northern California (“KABANC”) has 17 served Korean American lawyers and the local Korean community since the mid-1980s and was 18 founded to encourage and promote the professional growth of Korean-American lawyers and law 19 students in Northern California; to foster networking, support, and the exchange of ideas and 20 information among its members and with the local Korean-American community; and to work 21 with other Asian, minority, and community organizations on matters of common concern. 22 KABANC joins this amicus brief to further the protection of minority rights, including those of 23 gays and lesbians. 24 The Korean American Bar Association of Southern California (“KABA”) is the 25 largest and oldest organization of Korean-American attorneys, judges, professors, law students, 26 and community leaders in the country. Since the civil unrest in Los Angeles in 1992, KABA has 27 been a leading advocate for the Korean-American community and has worked tirelessly to 28 - 10 MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT Case No. 09-CV-2292 JW 1 promote reconciliation, understanding and peace within the greater Los Angeles region and 2 beyond. KABA supports the effort to ensure justice and equality for all persons. 3 Founded in 1974, the Law Foundation of Silicon Valley is a private nonprofit 4 corporation in San Jose that sponsors five free legal services and advocacy programs. Its mission 5 is to secure justice and protect human rights by providing legal advocacy, counseling, and access 6 to the legal system for those who would otherwise be underrepresented. The Law Foundation has 7 a strong interest in protecting the equal protection rights of our clients and members of the 8 communities that we serve, and assuring that they are protected from discrimination, particularly 9 as to their fundamental rights such as the right to marry. 10 The Lawyers’ Committee for Civil Rights of the San Francisco Bay Area (“LCCR”) is 11 affiliated with the national Lawyers’ Committee for Civil Rights Under Law, established in 1963 12 at the urging of President John F. Kennedy. LCCR was formed to support the rights of minority 13 and low-income persons by offering free legal assistance in civil matters and by litigating cases 14 on behalf of the traditionally underrepresented. In addition, LCCR monitors judicial proceedings 15 and legislation that affect the traditionally disadvantaged and frequently files amicus briefs in 16 cases challenging discriminatory policies and practices. Because advancing the rights of LGBT 17 individuals is integral to any civil rights agenda, LCCR’s amicus work has encompassed these 18 issues as well. 19 The Lesbian and Gay Lawyers Association of Los Angeles (“LGLA”) was formed in 20 the aftermath of a bitter battle over the 1978 Proposition 6, a California ballot measure backed by 21 State Senator John Briggs seeking to ban homosexuals from the profession of teaching in 22 California. Since its first meeting in 1979, LGLA, the only bar association of its kind in Southern 23 California, has served lesbian, gay, bisexual and transgender (“LGBT”) legal professionals 24 through traditional bar association programs including judicial endorsements, networking events, 25 continual legal education programs, student mentoring, scholarships, etc. In addition, LGLA is 26 active in advocating equality and justice for the LGBT legal professionals and LGBT community 27 at-large through amicus briefing, education forums, and active leadership or affiliation in other 28 influential bars such as the Los Angeles County Bar Association programs, the State Bar of - 11 MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT Case No. 09-CV-2292 JW 1 California, the National LGBT Bar Association, which is itself an affiliate of the American Bar 2 Association. 3 The Marin County Bar Association (the “MCBA”) is a voluntary organization of almost 4 700 members. A primary mission of the MCBA is to promote the rational and coherent 5 administration of justice, which includes supporting an independent judiciary and educating the 6 public on the importance of the judicial system. Since its establishment in 1937, the MCBA has 7 declined to take any position or action that might be considered political in nature or that involves 8 an issue before the electorate. Proposition 8 changed that. The importance of the civil rights and 9 judicial independence issues raised by Proposition 8 prompted our organization to adopt a formal 10 position in opposition to the proposition, a position approved both by board action and a full 11 membership vote in 2008. The fundamental importance of an independent judiciary to our 12 justice system again prompts us to take a position by joining in this brief. The status of a judge 13 should never be used as a shield or a sword by those who disagree with that judge’s rulings. 14 Marriage Equality USA (“MEUSA”) is a national, not-for-profit, all-volunteer 15 corporation that leads a nonpartisan, grassroots educational effort to secure legally recognized 16 civil marriage equality at the federal and state level without regard to gender identity or sexual 17 orientation. MEUSA employs educational and outreach programs, media presentations, 18 partnerships with other organizations that support equality, and a strong membership that engages 19 in local events, including asking for marriage licenses for same-sex couples on Valentine’s Day. 20 MEUSA has a strong presence in California, with 26 county-based chapters, as well as chapters in 21 Arizona, Florida, Iowa, New Hampshire, Ohio, Pennsylvania, and Virginia. 22 The National Asian Pacific American Bar Association (“NAPABA”) is the national 23 association of Asian Pacific American attorneys, judges, law professors, and law students. 24 NAPABA represents the interests of over 40,000 attorneys and 60 local and regional Asian 25 Pacific American bar associations. Our members work variously in solo practices, large firms, 26 corporations, legal services organizations, non-profit organizations, law schools, and government 27 agencies. Since its inception in 1988, NAPABA has been at the forefront of national and local 28 - 12 MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT Case No. 09-CV-2292 JW 1 activities in the areas of civil rights. NAPABA joins amici to oppose the challenging of jurist's 2 impartiality based solely on the individual's race, sex, or sexual orientation. 3 The Philippine American Bar Association of Los Angeles (“PABA”) addresses the 4 legal issues confronting the Filipino-American community as well as the professional concerns of 5 Filipino-American lawyers in Southern California. PABA, whose membership includes LGBT 6 professionals, is an ardent supporter of equal rights for members of the LGBT community. 7 PABA believes that progress in civil rights for insular minorities is most effective while working 8 in coalition with the broader community. Thus, PABA partners with other civil-rights minded 9 organizations to advance the cause of justice and the protection of the legal process. 10 Queen’s Bench Bar Association is a non-profit voluntary membership organization made 11 up of judges, lawyers and law students in the San Francisco Bay Area. Established in 1921, 12 Queen’s Bench is one of the oldest women’s bar associations in the country. Queen’s Bench 13 seeks to advance the interests of women in law and society, and to serve the professional needs of 14 women lawyers, judges and law students. The Queen’s Bench Bylaws include among its 15 purposes the promotion and maintenance of “a skilled, humane and independent judiciary” and 16 the “sound administration of justice,” as well as the furtherance of equal opportunity in the legal 17 profession and the judiciary. Queen’s Bench has a strong and demonstrated interest in the 18 preservation of the Constitutional right to equal protection of the laws and judicial independence. 19 Sacramento Lawyers for the Equality of Gays and Lesbians (“SacLEGAL”) is a 20 professional association of attorneys, legal professionals, and legislative advocates, affiliated with 21 the Sacramento County Bar Association and the National LGBT (Lesbian, Gay, Bisexual and 22 Transgender) Bar Association. SacLEGAL’s mission is to promote equality for members of the 23 LGBT community through providing strong leadership, legislative advocacy, education, and 24 participation in civic and social activities within the legal community and community at large. 25 Specifically, SacLEGAL’s mission statement includes as among the purposes of the existence of 26 the organization to defend and expand the legal rights of LGBT people to ensure equality, and to 27 secure for LGBT individuals basic human and civil rights, such as the right to be free from 28 discrimination. As such, SacLEGAL members have a strong interest in the legal status of LGBT - 13 MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT Case No. 09-CV-2292 JW 1 individuals, couples and families, and in efforts to promote legal equality and nondiscrimination 2 for the LGBT community. SacLEGAL believes this case implicates those goals and purposes. 3 SacLEGAL construes Proposition 8 as a major retrenchment and reduction of legal rights of gay 4 people, changing the nondiscriminatory rules of law which promoted LGBT equality set forth in 5 the Marriage Cases, into a legal climate that requires official State discrimination against gay 6 people with a resulting inequality and second-class status. SacLEGAL considers this inequality 7 and second-class status to be highly injurious to the broader community of gay people, as well as 8 specifically to those who wish to marry. SacLEGAL believes the motion to vacate the trial 9 judgment would inflict further injury upon the gay community and thus is directly in conflict with 10 SacLEGAL’s goals and mission. 11 Since our founding in 1971, San Francisco La Raza Lawyers Association (“SFLRLA”) 12 has served the public interest by promoting legal reform in order to serve the interests of justice 13 for all persons and by otherwise facilitating the administration of justice. SFLRLA has a proud 14 history of advocating for civil rights, equality under the law, and fair representation for the 15 Latino/a and other diverse communities. SFLRLA continues this tradition in signing this amicus 16 brief. 17 Founded in 1917, the Santa Clara County Bar Association (“SCCBA”) is a nonprofit 18 membership association of approximately 3,400 legal professionals. The SCCBA is committed to 19 promoting full and equal access to the legal system by all individuals, and is a leader in opposing 20 discrimination against gay men and lesbians. The SCCBA, through its formal resolutions and 21 commitment to amicus briefs in prior relevant litigation, opposes the Motion to Vacate Judgment 22 that based on the bias of Federal District Judge Vaughn Walker as the SCCBA believes that a 23 judge’s minority status does not per se disqualify that judge from hearing a case involving that 24 minority and that to do so undermines judicial independence and equality. 25 The Santa Clara County Black Lawyers Association is an advocate for equal 26 opportunity and justice for all citizens of the United States. The right of a judge to participate 27 fully in the judicial system must be safeguarded against perceived notions that the race, 28 sex, creed, or sexual orientation of such judge renders them unable to be impartial and - 14 MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT Case No. 09-CV-2292 JW 1 unbiased to issues encompassing their race, sex, creed, or sexual orientation. The mere fact that a 2 judge is African-American should not preclude them from hearing all cases where an African- 3 American is a party to the case or where issues concerning African-American’s are at stake. In the 4 same manner, a Caucasian male judge should not barred from hearing a case where majority- 5 minority race issues or male-female gender issues are at stake. 6 The Society of American Law Teachers (“SALT”) is an association of law faculty, 7 administrators, and legal education professionals from law schools across the nation. 8 Incorporated in 1974, SALT was founded by a group of leading law professors dedicated to 9 improving the quality of legal education by making it more responsive to societal concerns. 10 SALT has worked within the legal academy to develop a jurisprudence to end discrimination of 11 historically underrepresented groups, including discrimination based on sexual orientation and 12 has appeared as amicus curiae in federal and state courts to further these claims to equal access to 13 education, employment, and to full participation in civic life. 14 The Transgender Law Center (“TLC”) is a civil rights organization advocating for 15 transgender communities. TLC connects transgender people and their families to technically 16 sound and culturally competent legal services, increase acceptance and enforcement of laws and 17 policies that support transgender communities, and work to change laws and systems that fail to 18 incorporate the needs and experiences of transgender people. TLC has an interest in protecting 19 minorities from being stripped of their civil rights by majority vote. 20 The Vietnamese American Bar Association of Northern California (“VABANC”) was 21 founded in 1998 to provide Vietnamese American attorneys with a vehicle for the unified 22 expression of opinions and positions on matters of concern to all Vietnamese American attorneys, 23 to encourage and promote the professional growth of its members, and to foster the exchange of 24 ideas and information among its members and with the community at large. As such, VABANC 25 is concerned on issues of diversity and equality. VABANC supports that judiciary independence 26 should never be thwarted by looking at a judge's personal beliefs and/or status and membership in 27 a minority group should not prevent a judge from presiding in litigation involving that minority 28 group. - 15 MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT Case No. 09-CV-2292 JW 1 Women Lawyers of Alameda County (“WLAC”) has been “a voice for women in the 2 law” since 1980. Born out of necessity to address gender bias and gender discrimination in both 3 the application of law and the practice of law, in our thirty years of existence, WLAC has worked 4 tirelessly to advance the needs, desires, and interests of all women in Alameda County. Drawing 5 upon our core values, and as a member of the Minority Bar Association, WLAC recognizes that 6 discrimination and bias against one is discrimination and bias against all. We proudly join in this 7 amicus brief. 8 III. 9 CONCLUSION For the foregoing reasons, Bay Area Lawyers for Individual Freedom, AIDS Legal 10 Referral Panel, API Equality – LA, API Equality – Northern California, Asian American Bar 11 Association of the Greater Bay Area, Asian American Institute, Asian American Justice Center, 12 Asian Law Caucus, Asian Pacific American Bar Association of Los Angeles County, Asian 13 Pacific American Bar Association of Silicon Valley, Asian Pacific American Legal Center, Asian 14 Pacific Islander Legal Outreach, Bay Area Association of Muslim Lawyers, The Black Women 15 Lawyers Assn. of Northern California, The California Employment Lawyers Association, The 16 Charles Houston Bar Association, Courage Campaign, Equal Justice Society, Family Equality 17 Council, Fred T. Korematsu Center for Law and Equality, Freedom to Marry, Gay & Lesbian 18 Advocates & Defenders, Impact Fund, Iranian American Bar Association, Korean American Bar 19 Association of Northern California, Korean American Bar Association of Southern California, 20 Law Foundation of Silicon Valley, Lawyers’ Committee for Civil Rights of the San Francisco 21 Bay Area, Lesbian & Gay Lawyers Association of Los Angeles, Marin County Bar Association, 22 Marriage Equality USA, National Asian Pacific American Bar Association, Philippine American 23 Bar Association of Los Angeles, Queen’s Bench Bar Association, Sacramento Lawyers for the 24 Equality of Gays and Lesbians, San Francisco La Raza Lawyers Association, Santa Clara County 25 Bar Association, Santa Clara County Black Lawyers Association, Society of American Law 26 Teachers, Transgender Law Center, Vietnamese American Bar Association of Northern 27 California, and Women Lawyers of Alameda County respectfully request the Court’s leave to 28 submit a brief amici curiae. - 16 MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT Case No. 09-CV-2292 JW 1 DATED: May 25, 2011 PERKINS COIE LLP 2 3 By: 4 5 /s/ Joren S. Bass Joren S. Bass Attorneys for Amici Curiae Bay Area Lawyers for Individual Freedom, et al. 6 7 8 9 77476-0001/LEGAL20866230 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 17 MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT Case No. 09-CV-2292 JW