Perry et al v. Schwarzenegger et al

Filing 562

MOTION for Leave to File Amicus Curiae Brief filed by National Gay and Lesbian Task Force Foundation. (Popik, Susan) (Filed on 2/3/2010)

Perry et al v. Schwarzenegger et al

Doc. 562

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SUSAN M. POPIK (SBN 67173) [e-mail] MERRI A. BALDWIN (SBN 141957) [e-mail] CHAPMAN, POPIK & WHITE LLP 650 California Street, 19th Floor San Francisco, California 94108 Telephone: [phone] Facsimile: [phone] SUZANNE B. GOLDBERG (admission pro hac vice pending) Clinical Professor of Law and Director Sexuality & Gender Law Clinic COLUMBIA LAW SCHOOL 435 West 116th Street New York, NY 10027 Telephone: [phone] Attorneys for Amicus Curiae NATIONAL GAY AND LESBIAN TASK FORCE FOUNDATION 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.

No. C 09-CV-2292 VRW

MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE NATIONAL GAY AND LESBIAN TASK FORCE FOUNDATION IN SUPPORT OF PLAINTIFFS Judge: Hon. Vaughn R. Walker Dep't: Courtroom 8

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The National Gay and Lesbian Task Force Foundation ("the Task Force") hereby moves this Court for leave to file an amicus curiae brief in support of Plaintiffs in this action. For the reasons set forth below, the Task Force believes that its proposed brief will be of benefit to the Court in considering the issues before it. Founded in 1973, the Task Force is the oldest national lesbian, gay, bisexual and transgender (LGBT) civil rights and advocacy organization. With members in every U.S. state, the Task Force works to build the grassroots political power of the LGBT community by training state and local activists and leaders; conducting LGBT-related research and data analysis; and organizing broad-based campaigns to advance pro-LGBT legislation and to defeat anti-LGBT referenda. As part of a broader social justice movement, the Task Force works to create a world in which all people may fully participate in society, including the full and equal participation of same-sex couples in the institution of civil marriage. The Task Force believes that its views about the state's distinction between marriage and domestic partnership can supplement the arguments already before the Court in this case. Specifically, the Task Force's proposed amicus brief argues that the state's dual framework for recognizing relationships violates the United States Constitution's equal protection guarantee in two ways: (1) it denies same-sex couples access to marriage's unique social value; and (2) it expresses an impermissibly disfavoring message about the worth of same-sex couples relative to different-sex couples. The Task Force concurs with other arguments made by Plaintiffs and their supporting amici, but does not repeat those arguments in its brief. Because the Task Force represents the interests of many Californians whose well being could be adversely affected by the Court's decision in this case, and because it has developed an argument that is not advanced in briefing already before the Court, the Task Force believes it can assist the Court in its consideration of the important questions presented in this trial. Accordingly, the Task Force requests leave to file the accompanying brief amicus curiae.

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Dated: February 3, 2010 Respectfully submitted, Suzanne B. Goldberg (admission pro hac vice pending) Clinical Professor of Law and Director Sexuality & Gender Law Clinic Columbia Law School CHAPMAN, POPIK & WHITE LLP

By: __/s/ Susan Popik_______________ Susan M. Popik Attorneys for Amicus Curiae NATIONAL GAY AND LESBIAN TASK FORCE FOUNDATION

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