Kristin Perry, et al v. Arnold Schwarzenegger, et al

Filing 196

Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by The Southern Poverty Law Center. Date of service: 10/25/2010. [7522127] (SWD)

Kristin Perry, et al v. Arnold Schwarzenegger, et al

Doc. 196

Case No. 10-16696 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT _____________________________________________________ KRISTIN M. PERRY, et al., Plaintiffs-Appellees, v. ARNOLD SCHWARZENEGGER, et al., Defendants, and PROPOSITION 8 OFFICIAL PROPONENTS DENNIS HOLLINGSWORTH, et al., Defendants-Intervenors-Appellants. ______________________________________________________ MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFFS-APPELLEES BY THE SOUTHERN POVERTY LAW CENTER _______________________________________________________ Appeal From United States District Court, Northern District of Calif. Case No. CV-09-02292 VRW (Hon. Vaughn R. Walker, Presiding) _______________________________________________________ Scott Wm. Davenport* Darin L. Wessel* Jason J. Molnar Peter C. Catalanotti MANNING & MARDER, KASS, ELLROD, RAMIREZ LLP 19800 MacArthur Boulevard, Suite 600 Irvine, California 92612 Tel: [phone]; Fax: [phone] Certified Appellate Specialist, California State Bar Board of Legal Specialization Attorneys for Amicus Curiae, THE SOUTHERN POVERTY LAW CENTER
*

Dockets.Justia.com

TO THE HONORABLE CHIEF JUDGE AND THE HONORABLE ASSOCIATE JUDGES OF THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT: THE SOUTHERN POVERTY LAW CENTER ("SPLC") hereby moves for leave to file a brief as amicus curiae in support of the plaintiffs-appellees in this matter. FRAP 29(b) allows a party to seek leave to file a brief as Amicus Curiae where the party has an interest in the issues on appeal and when the party asserts matters that are relevant to the disposition of the case. This Court has broad discretion to permit a third party to participate in an actions as Amicus Curiae. See, e.g., Gerritson v. de la Madrid Hurtado, 819 F.2d 1511, 1514, n. 3 (9th Cir. 1987). This Motion is being filed concurrently with the proposed Amicus Curiae Brief.

INTEREST OF AMICUS CURIAE The SPLC is internationally known for its unrelenting stance on equality by fighting all forms of discrimination to make this nation's Constitutional ideals a reality. As a long-standing leader in the civil rights movement, the SPLC submits that legislation repealing one of the most personal fundamental right's we possess as

human beings ­ the right to marry the person of one's choice ­ constitutes a denial of due process and equal protection where, as here, no rational basis existed to do so. The SPLC is uniquely qualified to act as a "Friend of the Court" in this manner, given its long-standing commitment to equal protection and tolerance education.

STATEMENT OF REASONS WHY THIS AMICUS CURIAE BRIEF
IS DESIRABLE AND RELEVANT TO THE DISPOSITION OF THIS CASE

Since the earliest written records, those in power throughout the world have passed law which suppress minority members of society. Over the last 200 years, the United States has been no exception and his made its own contribution to this shameful legacy in the form of animus-based laws -- affirmed by the highest court in land -- upholding a slave owner's "property interest" in a human being, the charade of "separate but equal," or the right of government to intern an entire race of people. This same Country, however, has also seen many other discriminatory laws invalidated: voiding "restrictive covenants," abolishing segregation, striking down anti-miscegenation statutes,

enjoining the enforcement on unconstitutional amendments which repeal bans on discrimination, and invalidating laws de-criminalizing private, consensual sexual conduct. Today, the denial of some of these fundamental rights by way of validly enacted legislation codifying discrimination seems like a strange remnant of a shameful past when majorities enacted legislation with a goal of maintaining group superiority. We look back and cannot fathom how individuals could have opposed commonplace notions of equality. Once again the federal judiciary stands at the front line of the age-old debate for freedom by those being denied equal protection virtue of a majority vote -- this time repealing one of the most personal fundamental rights, the right to marry the person of one's choice. As along-standing leader in the civil rights movement dedicating to fighting all forms of discrimination to make this nation's Constitutional ideals a reality, the SPLC submits that legislation repealing the fundamental right to marry the person of one's choice constitutes a denial of due process and equal protection where, as here, no rational basis existed to do so.

CONCLUSION The SPLC respectfully requests leave to file its brief as Amicus Curiae in support of plaintiffs-appellees. The proposed brief has been filed concurrently with this motion. Dated: October 25, 2010 MANNING & MARDER, KASS, ELLROD, RAMIREZ LLP

By: /s/ Scott Wm. Davenport Scott Wm. Davenport Darin L. Wessel Jason J. Molnar Peter C. Catalanotti Attorneys for Amicus Curiae, THE SOUTHERN POVERTY LAW CENTER

CERTIFICATE OF SERVICE I certify that I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system on October 25, 2010. Participants in the case who are registered CM/ECF users will be served by the appellate CM/ECF system. I further certify that some of the participants in the case are not registered CM/ECF users. I have mailed the foregoing document by First-Class Mail, postage prepaid, or have dispatched it to a third party commercial carrier for delivery within 3 calendars days to the following non-CM/ECF participants: Anita L. Staver Libe4ty Counsel PO Box 540774 Orlando, FL 32854 James F. Sweeney SWEENEY & GREENE LLP 8001 Folsom Blvd., Ste. 101 Sacramento, CA 95826 Jeffrey Hunger Moon US Catholic Conference 3211 Fourth Street, N.E. Washington, DC 20017 Anthony R. Picarello Jr. US Catholic Conference 3211 Fourth Street, N.E. Washington, DC 02911 Jeffrey Mateer Liberty Institute 2001 W. Plano Pkway, Ste. 1600 Plano, TX 75075 M. Edward Whelan III Ethics and Public Policy Center 1730 M Street, N.W., Ste. 910 Washington, DC 02991

Lincoln C. Oliphant Columbus School of Law The Catholic Univ. of America Washington, DC 20064 Matthew D. Staver Liberty Counsel 1055 Maitland Cntr. Com., 2nd Fl. Maitland, FL 32751 Stuard J. Roth Am. Cntr. for Law & Justice 201 Maryland Avenue, N.E. Washington, D.C. 2002

Michael F. Moses US Catholic Conference 3211 Fourth Street, N.E. Washington, DC 02991 Thomas Brejcha Thomas More Society 29 S. La Salle Street, Ste. 440 Chicago, IL 60603 Von G. Keetch Kirton & McConkie 60 E. South Temple Salt Lake City, UT 8411

Dated: October 25, 2010 By: /s/ Norma Dehnadi Norma Dehnadi