Perry et al v. Schwarzenegger et al

Filing 782

MOTION for Leave to File Brief of Amici Curiae Lambda Legal Defense and Education Fund, Inc., ACLU Foundation of Northern California, National Center for Lesbian Rights, and Equality California in Opposition to Plaintiffs' Motion to Vacate Judgment filed by Lambda Legal Defense and Education Fund, Inc.. (Renn, Peter) (Filed on 5/13/2011)

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JON W. DAVIDSON (SBN 89301)
[e-mail]
TARA BORELLI (SBN 216961)
[e-mail]
PETER C. RENN (SBN 247633)
[e-mail]
LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC.
3325 Wilshire Boulevard, Suite 1300
Los Angeles, CA 90010
T: [phone]/F: [phone]

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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]
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]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KRISTIN M. PERRY, et al.,
Plaintiffs,
and
CITY AND COUNTY OF SAN FRANCISCO,
Plaintiff-Intervenor,

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v.
EDMUND G. BROWN, et al.,
Defendants,
and
PROPOSITION 8 OFFICIAL PROPONENTS
DENNIS HOLLINGSWORTH, et al.,

CASE NO. 09-CV-2292 JW
NOTICE OF MOTION AND MOTION FOR
LEAVE TO FILE BRIEF OF AMICI CURIAE
LAMBDA LEGAL DEFENSE AND
EDUCATION FUND, INC., ACLU
FOUNDATION OF NORTHERN
CALIFORNIA, NATIONAL CENTER FOR
LESBIAN RIGHTS, AND EQUALITY
CALIFORNIA; [PROPOSED] ORDER
Judge:
Courtroom:

Chief Judge Ware
Courtroom 5, 17th Floor

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Defendant-Intervenors.
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CASE NO. 09-CV-2292 JW MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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PLEASE TAKE NOTICE THAT Lambda Legal Defense and Education Fund, Inc., ACLU

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Foundation of Northern California, the National Center for Lesbian Rights, and Equality California

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hereby move the Court for leave to file an amici curiae brief, explaining why granting Proponents’

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motion to vacate the judgment (Doc. No. 768) would constitute an unprecedented departure from the

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normal disqualification rules that govern cases raising constitutional issues and would uniquely harm

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lesbian, gay, and bisexual people as well as the judiciary. Amici have conferred with counsel for

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Plaintiffs, Plaintiff-Intervenor City and County of San Francisco, Proponents, and Defendants

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Governor Brown, Attorney General Harris, and Los Angeles County Clerk Logan, who do not oppose

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this motion.
I. STANDARD FOR MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE
“District courts frequently welcome amicus briefs from non-parties concerning legal issues

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that have potential ramifications beyond the parties directly involved or if the amicus has unique

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information or perspective that can help the court beyond the help that the lawyers for the parties are

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able to provide.” Sonoma Falls Devs., LLC v. Nev. Gold & Casinos, Inc., 272 F. Supp. 2d 919, 925

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(N.D. Cal. 2003). This standard is met here because of the significant implications of the

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disqualification rule advanced by Proponents. The parties submitting this brief have been allowed to

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submit amici briefs in this case on multiple previous occasions. See Doc. Nos. 62, 65, 661.

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II. IDENTITY AND INTERESTS OF AMICI CURIAE
Lambda Legal Defense and Education Fund, Inc. (Lambda Legal) is the nation’s oldest and

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largest nonprofit legal advocacy organization dedicated to achieving full civil rights for lesbian, gay,

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bisexual and transgender people and those living with HIV through impact litigation, education, and

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public policy work. With offices in Los Angeles, Atlanta, Chicago, Dallas, and New York, Lambda

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Legal litigates cases and engages in public advocacy in all areas of sexual orientation and gender

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identity discrimination law and policy.

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The ACLU Foundation of Northern California (ACLU-NC) is the largest affiliate of the

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American Civil Liberties Union, a nationwide, nonpartisan organization with more than 550,000

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members dedicated to the defense and promotion of the guarantees of individual liberty secured by
CASE NO. 09-CV-2292 JW MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE
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state and federal Constitutions and civil rights statutes. ACLU-NC works on behalf of lesbians, gay

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men, bisexuals, and transgender people to win even-handed treatment by government; protection

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from discrimination in jobs, schools, housing, and public accommodations; and equal rights for same-

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sex couples and LGBT families.

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The National Center for Lesbian Rights (NCLR) is a national non-profit legal organization

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dedicated to protecting and advancing the civil rights of lesbian, gay, bisexual, and transgender

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people and their families through litigation, public policy advocacy, and public education. Since its

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founding in 1977, NCLR has played a leading role in securing fair and equal treatment for LGBT

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people and their families in cases across the country involving constitutional and civil rights. NCLR

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has a particular interest in protecting same-sex couples and their children.
Equality California is a state-wide advocacy group protecting the needs and interests of

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same-sex couples and their children in California. It is also California’s largest lesbian, gay,

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bisexual, and transgender civil rights organization, with tens of thousands of members throughout the

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state. Many Equality California members are in committed same-sex relationships and wish to

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marry. Equality California has a substantial interest in participating in these proceedings, because the

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issues raised here will directly affect Equality California’s members and supporters.

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Amici have significant experience and interest in the issues presented in this case. Lambda

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Legal, the ACLU of Northern California, and NCLR represented plaintiffs, including Equality

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California, in the litigation that culminated in the California Supreme Court’s decision in In re

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Marriage Cases, 183 P.3d 384 (Cal. 2008). These organizations also collectively filed the lead

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challenge to Proposition 8 in the California Supreme Court, which resulted in that Court’s decision in

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Strauss v. Horton, 207 P.3d 48 (Cal. 2009).

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CASE NO. 09-CV-2292 JW MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE
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III. CONCLUSION

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For the foregoing reasons, Lambda Legal, ACLU Foundation of Northern California, NCLR,

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and Equality California respectfully request this Court’s leave to file the amici curiae brief submitted

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herewith.

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Dated: May 13, 2011

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Respectfully submitted,
JON W. DAVIDSON
TARA BORELLI
PETER C. RENN
Lambda Legal Defense and Education Fund, Inc.
ALAN L. SCHLOSSER
ELIZABETH O. GILL
ACLU Foundation of Northern California

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SHANNON P. MINTER
CHRISTOPHER F. STOLL
ILONA M. TURNER
National Center For Lesbian Rights

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By:

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Attorneys for Amici Curiae Lambda Legal Defense and
Education Fund, Inc., ACLU Foundation of Northern
California, National Center for Lesbian Rights, and
Equality California

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__/s/ Peter Renn_________

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

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Good cause appearing, the motion of Lambda Legal Defense and Education Fund, ACLU

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Foundation of Northern California, the National Center for Lesbian Rights, and Equality California

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for leave to file a brief of amici curiae is hereby GRANTED. IT IS SO ORDERED.

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Dated: __________, 2011

_______________________________
Hon. James Ware
United States Chief District Judge