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

Filing 199

Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Asian American Justice Center, et al.. Date of service: 10/25/2010. [7522185] (PO)

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Kristin Perry, et al v. Arnold Schwarzenegger, et al Doc. 199 No. 10-16696 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NORTHERN DISTRICT OF CALIFORNIA KRISTIN PERRY, et al., Plaintiff-Appellees, v. ARNOLD SCHWARZENEGGER, et al., Defendants, and DENNIS HOLLINGSWORTH, et al., Defendant-Intervenors-Appellants. Appeal From the United States District Court for the Northern District of California Honorable Judge Vaughn R. Walker MOTION FOR LEAVE TO FILE AMICI CURIAE BRIEF IN SUPPORT OF PLAINTIFF-APPELLEES BY ASIAN AMERICAN JUSTICE CENTER, ASIAN LAW CAUCUS, ASIAN AMERICAN INSTITUTE, ASIAN PACIFIC AMERICAN LEGAL CENTER, ASIAN PACIFIC AMERICAN WOMEN LAWYERS ALLIANCE, ASIAN PACIFIC ISLANDER LEGAL OUTREACH, API EQUALITY, CALIFORNIA CONFERENCE OF THE NAACP, CHINESE FOR AFFIRMATIVE ACTION, COALITION FOR HUMANE IMMIGRANT RIGHTS OF LOS ANGELES, KOREMATSU CENTER AT SEATTLE UNIVERSITY, MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATION FUND, AND THE ZUNA INSTITUTE Bingham McCutchen LLP Peter Obstler (SBN 171623) Jee Young You (SBN 241658) Suneeta D. Fernandes (SBN 257772) Doug Karpa (SBN 266365) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: 415.393.2000 Facsimile: 415.393.2286 Attorneys for Amici Curiae Civil Case No. 09-CV-2292 VRW MOTION FOR LEAVE TO FILE AMICI CURIAE BRIEF Pursuant to Federal Rules of Appellate Procedure 29(b), Asian American Justice Center, Asian Law Caucus, Asian American Institute, Asian Pacific American Legal Center, Asian Pacific American Women Lawyers Alliance, Asian Pacific Islander Legal Outreach, API Equality, California Conference of the NAACP, Chinese for Affirmative Action, Coalition for Humane Immigrant Rights of Los Angeles, Korematsu Center at Seattle University, Mexican American Legal Defense and Education Fund, and the Zuna Institute (collectively "Amici") respectfully move this Court for leave to file an amici curiae brief in support of Plaintiff-Appellees in the above captioned case. In submitting this brief, Amici hope that the legal arguments and empirical data provided will be of assistance to the Court in determining the extent to which the pervasive prejudice against gay men and lesbians impedes their ability to rely on traditional political processes used to protect a minority from discriminatory state action so as to warrant heightened judicial scrutiny of Proposition 8 under the Equal Protection Clause of the United States Constitution. A central objective of all Amici is to protect constituencies who, as a result of their minority status, are at risk of being deprived of fundamental rights through the will of the majority, including the right to marry. Indeed, many of the Amici represent communities that have faced marriage discrimination in the past in the form of anti-miscegenation laws. Furthermore, the nearly 1.2 million individuals living in same-sex couples in the U.S. come from diverse racial, ethnic, religious and social backgrounds and are also members of the civil rights organizations, community groups and bar associations that have joined as Amici in this brief. See Rubenstein, Sears and Sockloskie, The Williams Project, UCLA School of Law, Some Demographic Characteristics of the Gay Community in the United States, at 3 (2003). Amici are concerned that enactment of Proposition 8's ban on same-sex marriage allows a bare political majority to enshrine discrimination into the California Constitution against a class of persons otherwise accorded heightened judicial scrutiny under California law. Amici believe the use of the referendum process to deprive gay men and lesbians of a fundamental right without the protection of heightened scrutiny raises the likelihood that other classes protected under California law--including classes defined by race, ethnicity, national origin or gender--may be similarly deprived of long established civil rights. Amici share // // // // // 2 a common interest in ensuring that the fundamental right of protected classes to be free from discrimination is not at the mercy of an electoral majority's whims. DATED: October 25, 2010 Bingham McCutchen LLP By: /s/ Peter Obstler Peter Obstler Attorneys for Amici Curiae 3

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