Perry et al v. Schwarzenegger et al

Filing 284

Witness List by Kristin M. Perry, Paul T. Katami, Sandra B. Stier, City and County of San Francisco, Jeffrey J. Zarrillo. (Olson, Theodore) (Filed on 12/7/2009)

Perry et al v. Schwarzenegger et al

Doc. 284

Case3:09-cv-02292-VRW Document284

Filed12/07/09 Page1 of 10

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Gibson, Dunn & Crutcher LLP

GIBSON, DUNN & CRUTCHER LLP Theodore B. Olson, SBN 38137 [e-mail] Matthew D. McGill, pro hac vice 1050 Connecticut Avenue, N.W., Washington, D.C. 20036 Telephone: [phone], Facsimile: [phone] Theodore J. Boutrous, Jr., SBN 132009 [e-mail] Christopher D. Dusseault, SBN 177557 Ethan D. Dettmer, SBN 196046 333 S. Grand Avenue, Los Angeles, California 90071 Telephone: [phone], Facsimile: [phone] BOIES, SCHILLER & FLEXNER LLP David Boies, pro hac vice [e-mail] 333 Main Street, Armonk, New York 10504 Telephone: [phone], Facsimile: [phone] Jeremy M. Goldman, SBN 218888 [e-mail] 1999 Harrison Street, Suite 900, Oakland, California 94612 Telephone: [phone], Facsimile: [phone] Attorneys for Plaintiffs KRISTIN M. PERRY, SANDRA B. STIER, PAUL T. KATAMI, and JEFFREY J. ZARRILLO Dennis J. Herrera, SBN 139669 Therese M. Stewart, SBN 104930 Danny Chou, SBN 180240 One Dr. Carlton B. Goodlett Place San Francisco, California 94102-4682 Telephone: [phone], Facsimile [phone] Attorneys for Plaintiff-Intervenor CITY AND COUNTY OF SAN FRANCISCO UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA KRISTIN M. PERRY, et al., Plaintiffs, and CITY AND COUNTY OF SAN FRANCISCO, Plaintiff-Intervenor, v. ARNOLD SCHWARZENEGGER, et al., Defendants and PROPOSITION 8 OFFICIAL PROPONENTS DENNIS HOLLINGSWORTH, et al., Defendant-Intervenors. CASE NO. 09-CV-2292 VRW PLAINTIFFS' AND PLAINTIFFINTERVENOR'S TRIAL WITNESS LIST Final Pretrial Conference Date: Time: Judge: Location: Trial Date: December 16, 2009 10:00 a.m. Chief Judge Walker Courtroom 6, 17th Floor January 11, 2010

09-CV-2292 VRW PLAINTIFFS' AND PLAINTIFF-INTERVENOR'S TRIAL WITNESS LIST
Dockets.Justia.com

Case3:09-cv-02292-VRW Document284

Filed12/07/09 Page2 of 10

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Gibson, Dunn & Crutcher LLP

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT, pursuant to Rule 26(a)(3) of the Federal Rules of Civil Procedure and the Court's Pretrial Scheduling Order, (Doc #164), Plaintiffs Kristin M. Perry, Sandra B. Stier, Paul T. Katami, and Jeffrey J. Zarrillo ("Plaintiffs") and Plaintiff-Intervenor City and County of San Francisco ("Plaintiff-Intervenor") submit the following Trial Witness List. PRELIMINARY STATEMENT 1. Plaintiffs and Plaintiff-Intervenor reserve the right not to call or present testimony

from any particular witness. By identifying witnesses listed below, Plaintiffs and Plaintiff-Intervenor do not agree to make a witness available for trial. 2. The order in which the witnesses are listed in this Proposed Trial Witness List is not

the order in which witnesses will be called at trial. Pursuant to the Court's Pretrial Scheduling Order, Plaintiffs and Plaintiff-Intervenor will advise all other parties of the order in which Plaintiffs' and Plaintiff-Intervenor's witnesses are expected to be called and the exhibits to be offered by each witness at least 24 hours before Plaintiffs or Plaintiff-Intervenor intend to call the respective witness. 3. other party. 4. Plaintiffs and Plaintiff Intervenor's witness list is necessarily based upon evidence, Plaintiffs and Plaintiff-Intervenor reserve the right to call witnesses identified by any

including documents and testimony, that have been made available by Defendant-Intervenors and other parties up to the date of this filing. To the extent Defendant-Intervenors or third parties have withheld or otherwise failed to produce non-privileged, responsive documents, or deponents have refused to provide testimony regarding discoverable, non-privileged information, Plaintiffs and Plaintiff-Intervenor reserve the right to call as witnesses individuals whose identity or relevance to the matters in dispute becomes apparent from such late-provided information. 5. Unless otherwise noted, Plaintiffs and Plaintiff-Intervenor anticipate presenting the

listed witness via live testimony at trial. /// /// /// 2
09-CV-2292 VRW PLAINTIFFS' AND PLAINTIFF-INTERVENOR'S TRIAL WITNESS LIST

Case3:09-cv-02292-VRW Document284

Filed12/07/09 Page3 of 10

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Gibson, Dunn & Crutcher LLP

PLAINTIFFS' AND PLAINTIFF-INTERVENOR'S TRIAL WITNESS LIST Witness Kristin M. Perry Summary of Testimony Ms. Perry is in a committed relationship with Sandra B. Stier. Ms. Perry and Ms. Stier desire to express their love for and commitment to one another by getting married and obtaining official sanction for their family from the State, but Prop. 8 denies them that right in violation of the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the United States Constitution. Ms. Perry will testify about her sexual orientation and the harms she has suffered as a result of Prop. 8. Ms. Stier is in a committed relationship with Kristin M. Perry. Ms. Stier and Ms. Perry desire to express their love for and commitment to one another by getting married and obtaining official sanction for their family from the State, but Prop. 8 denies them that right in violation of the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the United States Constitution. Ms. Stier will testify about her sexual orientation and the harms she has suffered as a result of Prop. 8. Mr. Katami is in a committed relationship with Jeffrey J. Zarrillo. Mr. Katami and Mr. Zarrillo desire to express their love for and commitment to one another by getting married and obtaining official sanction for their family from the State, but Prop. 8 denies them that right in violation of the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the United States Constitution. Mr. Katami will testify about his sexual orientation and the harms he has suffered as a result of Prop. 8. Mr. Zarrillo is in a committed relationship with Paul T. Katami. Mr. Zarrillo and Mr. Katami desire to express their love for and commitment to one another by getting married and obtaining official sanction for their family from the State, but Prop. 8 denies them that right in violation of the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the United States Constitution. Mr. Zarrillo will testify about his sexual orientation and the harms he has suffered as a result of Prop. 8. Dr. Badgett is a professor of economics at the University of Massachusetts Amherst. She will testify about the private harms and public costs caused by Prop. 8, differences between marriage and domestic partnership, and the impact of same-sex marriage on the marriages of different-sex couples.

Sandra B. Stier

Paul T. Katami

Jeffrey J. Zarrillo

M.V. Lee Badgett, Ph.D.

3
09-CV-2292 VRW PLAINTIFFS' AND PLAINTIFF-INTERVENOR'S TRIAL WITNESS LIST

Case3:09-cv-02292-VRW Document284

Filed12/07/09 Page4 of 10

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Gibson, Dunn & Crutcher LLP

Witness Nancy F. Cott, Ph.D.

Summary of Testimony Dr. Cott is the Jonathan Trumbull Professor of American History at Harvard University. She will testify about the history of marriage as an institution created and authorized by law. Dr. Chauncey is a Professor of History at Yale University. He will testify about the history of discrimination experienced by gays and lesbians in the United States. Dr. Hamermesh is a Professor in the Foundations of Economics at the University of Texas at Austin. He will testify about the economic value of marriage and the losses that are engendered by denying the right to marriage to same-sex couples in California. Dr. Herek is a Professor of Psychology at the University of California at Davis. He will testify about the nature of sexual orientation, how mainstream mental health professionals and behavioral scientists regard homosexuality, benefits conferred by marriage, stereotypes relating to lesbians and gay men, stigma and prejudice directed at lesbians and gay men, the harm to lesbians and gay men and their families as a consequence of being denied the right to marry, and how the institution of domestic partnerships differs from that of marriage and is linked with antigay stigma. Dr. Lamb is a Professor and Head of the Department of Social and Developmental Psychology at Cambridge University. He will testify about the factors that determine children's and adolescents' adjustment, child and adolescent adjustment in non-traditional families, gay and lesbian parenting and its impact on the adjustment of children and adolescents, and the benefits to children and adolescents if their same-sex parents were allowed to marry. Dr. Meyer is an Associate Professor of Clinical Sociomedical Sciences and Deputy Chair for Masters Programs in Sociomedical Sciences at Columbia University, Mailman School of Public Health. He will testify about the stigma and prejudice gay and lesbian individuals face in society, minority stress, the effect of minority stress on mental health in the gay and lesbian population, and the effects of Prop. 8 on the mental health of gay and lesbian individuals. Dr. Peplau is a Professor of Psychology at the University of California, Los Angeles. She will testify about the beneficial effects marriage can provide to a person's health and well-being, the social and personal importance that attaches to marriage, factors that predict stability and instability in couple relationships, the similarities and differences between heterosexual couples and samesex couples, the benefits same-sex couples would enjoy from 4

George Chauncey, Ph.D. Daniel S. Hamermesh, Ph.D.

Gregory M. Herek, Ph.D.

Michael Lamb, Ph.D.

Ilan H. Meyer, Ph.D.

Letitia Anne Peplau, Ph.D.

09-CV-2292 VRW PLAINTIFFS' AND PLAINTIFF-INTERVENOR'S TRIAL WITNESS LIST

Case3:09-cv-02292-VRW Document284

Filed12/07/09 Page5 of 10

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Gibson, Dunn & Crutcher LLP

Witness

Summary of Testimony marriage, the impact of marriage by same-sex couples on heterosexual couples, and the stability of same-sex relationships.

Gary M. Segura, Ph.D.

Dr. Segura is a Professor of American Politics in the Department of Political Science at Stanford University. He will testify about the relative political power of gays and lesbians as a class of citizens, and their level of political vulnerability. Dr. Egan is the Chief Economist for the City and County of San Francisco. He will testify about the nature and magnitude of costs incurred by the City and County as a result of the denial of marriage to lesbians and gay men as well as the nature and magnitude of costs incurred by the City and County to combat the discrimination against lesbians and gay men that Prop. 8 reflects and reinforces. Mr. Sanders is the current Mayor and former Police Chief of the City of San Diego, California. He is also the father of two daughters, one of whom is a lesbian. He will testify about his decision, as Mayor of San Diego, to support and not veto the City of San Diego's participation in an amicus brief advocating against the exclusion of same-sex couples from marriage and why he concluded supporting marriage equality was and is in the best interest of the local government and community. He will also testify about his experience as the father of a lesbian daughter who cannot legally marry under California law. Ms. Zia is an Asian American author who has written about the struggle for Asian American civil rights. She is also a lesbian. In 2008, she married the woman with whom she had been in a committed relationship for nearly two decades. She will testify about her sexual orientation, her experiences with discrimination, the effects of being denied the right to marry and the importance to her and her family of ultimately being able to marry. Mr. Rogers is a gay man who in 2008 married the man with whom he had been in a committed relationship for more than a decade. They have two sons. Mr. Rogers will testify about his sexual orientation, his experiences with discrimination and the importance of being able to marry to him, his spouse, their children and other close family members and friends. Mr. Kendall is a gay man who was subjected to "conversion therapy" in his youth. He will testify about how sexual orientation discrimination and "conversion therapy" affected him.

Edmund A. Egan, Ph.D.

Jerry Sanders

Helen Zia

William Rogers

Ryan Kendall

5
09-CV-2292 VRW PLAINTIFFS' AND PLAINTIFF-INTERVENOR'S TRIAL WITNESS LIST

Case3:09-cv-02292-VRW Document284

Filed12/07/09 Page6 of 10

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Gibson, Dunn & Crutcher LLP

Witness Dennis Hollingsworth

Summary of Testimony Mr. Hollingsworth is an Official Proponent of Prop. 8. He will testify about the genesis, strategy, and execution of the "Yes on 8" campaign. Ms. Knight is an Official Proponent of Prop. 8. She will testify about the genesis, strategy, and execution of the "Yes on 8" campaign. Mr. Gutierrez is an Official Proponent of Prop. 8. He will testify about the genesis, strategy, and execution of the "Yes on 8" campaign. Mr. Tam is an Official Proponent of Prop. 8. He will testify about the genesis, strategy, and execution of the "Yes on 8" campaign. Mr. Jansson is an Official Proponent of Prop. 8 and a member of the Executive Committee of ProtectMarriage.com. He will testify about the genesis, strategy, and execution of the "Yes on 8" campaign. Mr. Prentice is the Chairman of the Executive Committee of ProtectMarriage.com. He will testify about the genesis, strategy, and execution of the "Yes on 8" campaign. Mr. Dolejsi is a member of the Executive Committee of ProtectMarriage.com. He will testify about the genesis, strategy, and execution of the "Yes on 8" campaign. Mr. Pugno is ProtectMarriage.com's Counsel. He will testify about the genesis, strategy, and execution of the "Yes on 8" campaign. Mr. Schubert is ProtectMarriage.com's Campaign Manager. He will testify about the genesis, strategy, and execution of the "Yes on 8" campaign. Mr. Flint is ProtectMarriage.com's Campaign Manager. He will testify about the genesis, strategy, and execution of the "Yes on 8" campaign. Unnamed persons knowledgeable about the genesis, strategy, and execution of the "Yes on 8" campaign. Mr. Garlow is the Senior Pastor of Skyline Wesleyan. He was actively involved on the "Yes on 8" campaign. He will testify about the genesis, strategy, and execution of the "Yes on 8" campaign, and will authenticate campaign related documents.

Gail J. Knight

Martin F. Gutierrez

Hak-Shing William "Bill" Tam Mark A. Jansson

Ron Prentice

Edward "Ned" Dolejsi

Andrew Pugno Frank Schubert

Jeff Flint

Does #1-20 James Garlow

6
09-CV-2292 VRW PLAINTIFFS' AND PLAINTIFF-INTERVENOR'S TRIAL WITNESS LIST

Case3:09-cv-02292-VRW Document284

Filed12/07/09 Page7 of 10

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Gibson, Dunn & Crutcher LLP

Witness Miles McPherson

Summary of Testimony Mr. McPherson is a pastor at the Rock Church. He was actively involved on the "Yes on 8" campaign. He will testify about the genesis, strategy, and execution of the "Yes on 8" campaign, and will authenticate campaign related documents. Mr. May is the founder of Catholics for the Common Good and chair of CatholicsforProtectMarriage.com. He was actively involved on the "Yes on 8" campaign. He will testify about the genesis, strategy, and execution of the "Yes on 8" campaign, and will authenticate campaign related documents. Mr. Criswell is associated with Marketing Communications Services, a ProtectMarriage.com vendor. He was actively involved on the "Yes on 8" campaign. He will testify about the genesis, strategy, and execution of the "Yes on 8" campaign, and will authenticate campaign related documents. Mr. Blankenhorn is the founder and President of the Institute for American Values. He purports to be knowledgeable about the institution of marriage. Mr. Marks is a Professor in the College of Agriculture in the Division of Family, Child, and Consumer Sciences at Louisiana State University. He purports to be knowledgeable about whether the "biological, marriage-based family [is] the ideal structure for child outcomes." Dr. Nathanson is a researcher at Faculty of Religious Studies, McGill University. He purports to be knowledgeable about religious attitudes toward Prop. 8. Dr. Young is a Professor at McGill University. She purports to be knowledgeable about comparative religion and on what universally constitutes marriage. Dr. Robinson is a member of the philosophy faculty at Oxford University. He purports to be knowledgeable about sexual orientation. Dr. Miller is an Associate Professor in the Department of Government at Claremont McKenna College, and the Associate Director of the Rose Institute of State and Local Government.. He purports to be knowledgeable about political power.

Bill May

Bill Criswell

David G. Blankenhorn

Loren Marks

Paul Nathanson, Ph.D.

Katherine Young

Daniel N. Robinson, Ph.D. Kenneth P. Miller, Ph.D.

7
09-CV-2292 VRW PLAINTIFFS' AND PLAINTIFF-INTERVENOR'S TRIAL WITNESS LIST

Case3:09-cv-02292-VRW Document284

Filed12/07/09 Page8 of 10

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Gibson, Dunn & Crutcher LLP

Witness Douglas W. Allen

Summary of Testimony Mr. Allen is a Professor of Economics at Simon Fraser University, in Burnaby, British Columbia. He purports to be knowledgeable about the effects of same-sex marriage. Respectfully Submitted,

DATED: December 7, 2009

GIBSON, DUNN & CRUTCHER LLP Theodore B. Olson Theodore J. Boutrous, Jr. Christopher D. Dusseault Ethan D. Dettmer Matthew D. McGill Amir C. Tayrani Sarah E. Piepmeier Theane Evangelis Kapur Enrique A. Monagas

By: and

/s/ Theodore B. Olson

BOIES, SCHILLER & FLEXNER LLP David Boies Jeremy M. Goldman Roseanne C. Baxter Richard J. Bettan Beko O. Richardson Theodore H. Uno Attorneys for Plaintiffs KRISTIN M. PERRY, SANDRA B. STIER, PAUL T. KATAMI, and JEFFREY J. ZARRILLO /// /// ///

8
09-CV-2292 VRW PLAINTIFFS' AND PLAINTIFF-INTERVENOR'S TRIAL WITNESS LIST

Case3:09-cv-02292-VRW Document284

Filed12/07/09 Page9 of 10

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Gibson, Dunn & Crutcher LLP

DENNIS J. HERRERA City Attorney THERESE M. STEWART Chief Deputy City Attorney DANNY CHOU Chief of Complex and Special Litigation RONALD P. FLYNN VINCE CHHABRIA ERIN BERNSTEIN CHRISTINE VAN AKEN MOLLIE M. LEE Deputy City Attorneys

By:

/s/ Therese M. Stewart

Attorneys for Plaintiff-Intervenor CITY AND COUNTY OF SAN FRANCISCO

9
09-CV-2292 VRW PLAINTIFFS' AND PLAINTIFF-INTERVENOR'S TRIAL WITNESS LIST

Case3:09-cv-02292-VRW Document284

Filed12/07/09 Page10 of 10

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Gibson, Dunn & Crutcher LLP

ATTESTATION PURSUANT TO GENERAL ORDER NO. 45 Pursuant to General Order No. 45 of the Northern District of California, I attest that concurrence in the filing of the document has been obtained from each of the other signatories to this document. By: /s/ Theodore B. Olson

09-CV-2292 VRW ATTESTATION PURSUANT TO GENERAL ORDER NO. 45