Perry et al v. Schwarzenegger et al

Filing 551

MOTION to File Amicus Curiae Brief of American Civil Liberties Union, Lambda Legal Defense and Education Fund, Inc., and National Center for Lesbian Rights filed by ACLU Foundation of Northern California. (Gill, Elizabeth) (Filed on 2/3/2010)

Perry et al v. Schwarzenegger et al

Doc. 551

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ALAN L. SCHLOSSER (SBN 49957) [e-mail] ELIZABETH O. GILL (SBN 218311) [e-mail] ACLU FOUNDATION OF NORTHERN CALIFORNIA 39 Drumm Street San Francisco, CA 94111 T: [phone]/F: [phone] JON W. DAVIDSON (SBN 89301) [e-mail] JENNIFER C. PIZER (SBN 152327) [e-mail] TARA BORELLI (SBN 216961) [e-mail] LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC. 3325 Wilshire Boulevard, Suite 1300 Los Angeles, CA 90010 T: [phone]/F: [phone] SHANNON P. MINTER (SBN 168907) [e-mail] CHRISTOPHER F. STOLL (SBN 179046) [e-mail] ILONA M. TURNER (SBN 256219) [e-mail] NATIONAL CENTER FOR LESBIAN RIGHTS 870 Market Street, Suite 370 San Francisco, CA 94102 T: [phone]/F: [phone] 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 NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE AMERICAN CIVIL LIBERTIES UNION, LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC., AND NATIONAL CENTER FOR LESBIAN RIGHTS; [PROPOSED] ORDER Judge: Location: Chief Judge Walker Courtroom 6, 17th Floor

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Additional Counsel: MARK ROSENBAUM (SBN 59940) [e-mail] ACLU FOUNDATION OF SOUTHERN CALIFORNIA 1313 W. 8th Street Los Angeles, CA 90017 T: [phone]/ F: [phone] DAVID BLAIR-LOY (SBN 229235) [e-mail] ACLU FOUNDATION OF SAN DIEGO AND IMPERIAL COUNTIES P.O. Box 87131 San Diego, CA 92138 T: [phone]/F: [phone] MATTHEW A. COLES (SBN 76090) [e-mail] JAMES D. ESSEKS (SBN 159360) [e-mail] LGBT & AIDS PROJECT AMERICAN CIVIL LIBERTIES UNION FOUNDATION 125 Broad Street, 18th Floor New York, NY 10005 T: [phone]/F: [phone]

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT the American Civil Liberties Union, Lambda Legal Defense and Education Fund, Inc. and the National Center for Lesbian Rights hereby move the Court for leave to file a brief amici curiae in the above-captioned case, explaining several reasons why Proposition 8 is unconstitutional that are complementary to those presented by Plaintiffs, but that have not been the focus of previous briefing in this case. Amici have conferred with counsel for Plaintiffs, DefendantIntervenors, and Defendant Governor Schwarzenneger, and counsel for those parties have consented to this motion. Defendant Attorney General Brown has submitted a general notice that he will not oppose the filing of any amicus briefs (Docket # 359). I. STANDARD FOR MOTION FOR LEAVE TO FILE BRIEF AMICI CURIAE "District courts frequently welcome amicus briefs from non-parties concerning legal issues that have potential ramifications beyond the parties directly involved or if the amicus has unique information or perspective that can help the court beyond the help that the lawyers for the parties are able to provide." Sonoma Falls Devs., LLC v. Nev. Gold & Casinos, Inc., 272 F. Supp. 2d 919, 925 (N.D. Cal. 2003.) This standard is met here--indeed, this Court previously accepted an amicus brief regarding Plaintiffs' preliminary injunction motion submitted by Amici in June 2009 (Docket # 68). II. IDENTITY AND INTERESTS OF AMICI CURIAE The American Civil Liberties Union (ACLU) is a nationwide, nonpartisan organization with more than 550,000 members dedicated to the defense and promotion of the guarantees of individual liberty secured by state and federal Constitutions and civil rights statutes. The ACLU Foundation of Northern California, the ACLU Foundation of Southern California, and the ACLU Foundation of San Diego and Imperial Counties are the three California affiliates of the ACLU. Lambda Legal Defense and Education Fund, Inc. (Lambda Legal) is the nation's oldest and largest nonprofit legal advocacy organization dedicated to achieving full civil rights for lesbian, gay, bisexual and transgender (LGBT) people and those living with HIV through impact litigation, education, and public policy work. With offices in Los Angeles, Atlanta, Chicago, Dallas, and New York, Lambda Legal litigates cases and engages in public advocacy in all areas of sexual orientation and gender identity discrimination law and policy.
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NCLR is a national non-profit legal organization dedicated to protecting and advancing the civil rights of lesbian, gay, bisexual, and transgender people and their families through litigation, public policy advocacy, and public education. Since its founding in 1977, NCLR has played a leading role in securing fair and equal treatment for LGBT people and their families in cases across the country involving constitutional and civil rights. NCLR has a particular interest in protecting same-sex couples and their children. The ACLU, Lambda Legal, and NCLR have significant experience and interest in the issues presented in this case. Together, the organizations represented plaintiffs in the litigation that culminated in the California Supreme Court's decision in In re Marriage Cases, 183 P.3d 384 (Cal. 2008). The organizations also collectively filed the lead challenge to Proposition 8 in the California Supreme Court, which resulted in that Court's decision in Strauss v. Horton, 207 P.3d 48 (Cal. 2009). III. CONCLUSION For the foregoing reasons, the American Civil Liberties Union, Lambda Legal Defense and Education Fund, and the National Center for Lesbian Rights respectfully request this Court's leave to submit a brief amici curiae.

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Dated: February 3, 2010

ALAN L. SCHLOSSER ELIZABETH O. GILL ACLU Foundation of Northern California JON W. DAVIDSON JENNIFER C. PIZER TARA BORELLI Lambda Legal Defense and Education Fund, Inc. SHANNON P. MINTER CHRISTOPHER F. STOLL ILONA M. TURNER National Center for Lesbian Rights MATTHEW A. COLES JAMES D. ESSEKS LGBT & AIDS Project American Civil Liberties Union Foundation MARK ROSENBAUM ACLU Foundation of Southern California DAVID BLAIR-LOY ACLU Foundation of San Diego and Imperial Counties By: _______/s/_________ ELIZABETH O. GILL

Attorneys for Amici Curiae American Civil Liberties Union, Lambda Legal Defense and Education Fund, Inc., and National Center for Lesbian Rights

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[PROPOSED] ORDER Good cause appearing, the motion of American Civil Liberties Union, Lambda Legal Defense and Education Fund, and National Center for Lesbian Rights for leave to file a brief amici curiae is hereby GRANTED. IT IS SO ORDERED.

Hon. Vaughn R. Walker United States Chief District Judge

CASE NO. 09-CV-2292 VRW [PROPOSED] ORDER GRANTING MOTION FOR LEAVE TO FILE BRIEF AMICI CURIAE