Perry et al v. Schwarzenegger et al

Filing 378

*** FILED IN ERROR. REFER TO DOCUMENT #382 . *** MOTION to File Amicus Curiae Brief filed by National Legal Foundation. (Attachments: #1 Proposed Order, #2 Brief of Amicus Curiae in Support of Defendants)(Carmichael, Holly) (Filed on 1/8/2010) Modified on 1/8/2010 (feriab, COURT STAFF).

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Steven N.H. Wood, Esq. (CA SBN 161291) Christopher J. Schweickert, Esq. (CA SBN 225942) BERGQUIST, WOOD & ANDERSON, LLP 1470 Maria Lane, Suite 300 Walnut Creek, CA 94596 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Amicus Curiae Paul R. McHugh, M.D.

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., and Defendants,

CASE NO. 09-CV-2292 VRW MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE PAUL R. MCHUGH, M.D. Date: To Be Determined By The Court Time: To Be Determined By The Court Location: Courtroom 6, 17th Floor Judge: Chief Judge Vaughn R. Walker Trial Date: January 11, 2010

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, Defendant-Intervenors.

MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE PAUL R. MCHUGH, M.D. CASE NO. 09-CV-2292 VRW

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TO THE PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Paul R. McHugh, M.D. moves this Court for an order granting leave to participate amicus curiae in the above-captioned case in support of DefendantIntervenors. Counsel for Amicus has conferred with counsel for Plaintiffs and Plaintiff-Intervenor, who consent to the filing of this application for leave but reserve judgment on whether to consent to the motion. Counsel for Amicus has complied with this Court's brevity requirement (under 15 pages) and, to Counsel's knowledge, the brief not being duplicative of other evidence as it uniquely addresses the issue of sexual orientation. I. STANDARD FOR MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE The Court has broad discretion to permit third parties to participate in an action as amicus curiae. Gerritsen v. de la Madrid Hurtado, 819 F.2d 1511, 1514 n.3 (9th Cir. 1987). Participation of amicus curiae may be particularly appropriate where the legal issues in a case have potential ramifications beyond the parties directly involved or where amicus can offer a unique perspective that may assist the Court. Sonoma Falls Devs., LLC v. Nev. Gold & Casinos, Inc., 272 F. Supp.2d 919, 925 (N.D. Cal. 2003). II. STATEMENT OF INTEREST AND IDENTITY OF AMICUS CURIAE Amicus is a scholar of psychiatry with a professional interest in orientation issues, and offers scientific information that is directly relevant to this court in assessing whether orientation as a category is sufficiently similar to race and gender to merit analogous treatment in Constitutional law. Paul R. McHugh, M.D. is the University Distinguished Service Professor of Psychiatry at the Johns Hopkins University School of Medicine. He was the Henry Phipps Professor of Psychiatry, Director of the Department of Psychiatry and Behavioral Sciences at the Johns Hopkins University School of Medicine, and psychiatrist-in-chief at the Johns Hopkins Hospital from 19751
MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE PAUL R. MCHUGH, M.D. CASE NO. 09-CV-2292 VRW

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2001. Dr. McHugh received his undergraduate degree from Harvard in 1952 and his medical degree at Harvard Medical School in 1956. He served as head of the department of psychiatry at the University of Oregon Medical School in the early 1970s. He is the author of four books and more than 150 papers. III. REASONS WHY AMICUS CURIAE'S EXPERTISE WILL BE BENEFICIAL TO THIS COURT Amicus seeks to provide information to this Court bearing on its decision of whether to endorse a legal declaration that orientation is a fixed and immutable characteristic similar to race or gender. In the proposed brief, Amicus points out two highly relevant facts: (1) there is no scientific consensus on what homosexuality is, and the number of people who fit in the class "gay and lesbian" varies widely, depending on which definition of homosexuality is used and (2) there is no scientific consensus that homosexuality is exclusively or primarily genetic in origin. IV. CONCLUSION Wherefore, Amicus Paul R. McHugh, M.D. requests this Court's leave to submit a brief in support of Defendant-Intervenors. Respectfully submitted, Dated: January 8, 2010 /s/ ____________________________________________ Steven N.H. Wood, Esq. (CA SBN 161291) Christopher J. Schweickert, Esq. (CA SBN 225942) BERGQUIST, WOOD & ANDERSON, LLP 1470 Maria Lane, Suite 300 Walnut Creek, CA 94596 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Amicus Curiae Paul R. McHugh, M.D.

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MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE PAUL R. MCHUGH, M.D. CASE NO. 09-CV-2292 VRW