Kristin Perry, et al v. Arnold Schwarzenegger, et al
Filed Order for PUBLICATION (STEPHEN R. REINHARDT, MICHAEL DALY HAWKINS and N. RANDY SMITH) for certification to California State Supreme Court. Before this panel of the United States Court of Appeals for the Ninth Circuit
is an appeal concerning the constitutionality under the United States Constitution
of Article I, § 7.5 of the California Constitution (“Proposition 8”). Because we
cannot consider this important constitutional question unless the appellants before
us have standing to raise it, and in light of Arizonans for Official English v.
Arizona, 520 U.S. 43 (1997) (“Arizonans”), it is critical that we be advised of the
rights under California law of the official proponents of an initiative measure to
defend the constitutionality of that measure upon its adoption by the People when
the state officers charged with the laws’ enforcement, including the Attorney General, refuse to provide such a defense or appeal a judgment declaring the
measure unconstitutional. As we are aware of no controlling state precedent on
this precise question, we respectfully ask the Supreme Court of California to
exercise its discretion to accept and decide the certified question below. (See order for full text) The Clerk is hereby directed to transmit forthwith to the Court the original
and ten copies of this order and accompanying memorandum, as well as a
certificate of service on the parties. Cal. R. Ct. 8.548(d). The clerk shall also
transmit the following along with this request: ten copies of the district court
Findings of Fact / Conclusions of Law / Order (704 F. Supp. 2d. 921 (N.D. Cal.
2010)); ten copies of the Permanent Injunction issued by the district court (docket
entry 728 in No. C 09-2292-VRW (N.D. Cal. Aug. 12, 2010)); a copy of the video
recording of the oral argument heard in these appeals on December 6, 2010; the
briefs of the parties and intervenors in this appeal; and the briefs amicus curiae
filed by (1) the Center for Constitutional Jurisprudence and (2) Equality California
in No. 10-16696. The Clerk shall provide additional record materials if so
requested by the Supreme Court of California. Cal. R. Ct. 8.548(c). The case is withdrawn from submission, and further proceedings in this
court are stayed pending final action by the Supreme Court of California. The
parties shall notify the Clerk of this Court within three days after the Court accepts
or rejects certification, and again within three days if the Court renders an opinion.
The panel retains jurisdiction over further proceedings.
IT IS SO ORDERED.  (RP)
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