Perry et al v. Schwarzenegger et al

Filing 788

MOTION for Leave to File Brief of Amici Curiae Bay Area Lawyers for Individual Freedom, et al., in Opposition to Proponents' Motion to Vacate Judgment filed by Bay Area Lawyers for Individual Freedom. Motion Hearing set for 6/13/2011 09:00 AM in Courtroom 5, 17th Floor, San Francisco before Hon. James Ware. (Attachments: #1 Brief of Amici Curiae Bay Area Lawyers for Individual Freedom,, AIDS Legal Referral Panel, API Equality LA, API Equality Northern California, Asian American Bar Association of the Greater Bay Area, Asian American Institute, Asian American Justice Center, Asian Law Caucus, Asian Pacific American Bar Association of Los Angeles County, Asian Pacific American Bar Association of Silicon Valley, Asian Pacific American Legal Center, Asian Pacific Islander Legal Outreach, Bay Area Association of Muslim Lawyers, The Black Women Lawyers Association of Northern California, The California Employment Lawyers Association, The Charles Houston Bar Association, Courage Campaign, Equal Justice Society, Family Equality Council, Fred T. Korematsu Center for Law and Equality, Freedom to Marry, Gay & Lesbian Advocates & Defenders, Impact Fund, Iranian American Bar Association, Korean American Bar Association of Northern California, Korean American Bar Association of Southern California, Law Foundation of Silicon Valley, Lawyers Committee for Civil Rights of the San Francisco Bay Area, Lesbian & Gay Lawyers Association of Los Angeles, Marin County Bar Association, Marriage Equality USA, National Asian Pacific American Bar Association, Philippine American Bar Association of Los Angeles, Queens Bench Bar Association, Sacramento Lawyers for the Equality of Gays and Lesbians, San Francisco La Raza Lawyers Association, Santa Clara County Bar Association, Santa Clara County Black Lawyers Association, Society of American Law Teachers, Transgender Law Center, Vietnamese American Bar Association of Northern California, and Women Lawyers of Alameda County, #2 Proposed Order [Proposed] Order Granting Motion for Leave to File Brief of Amici Curiae Bay Area Lawyers for Individual Freedom, et al., in Opposition to Proponents' Motion to Vacate Judgment)(Bass, Joren) (Filed on 5/25/2011)

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Joren S. Bass, Bar No. 208143
[e-mail]
David J. Tsai, Bar No. 244479
[e-mail]
Allison Zamani, Bar No. 275136
[e-mail]
PERKINS COIE LLP
Four Embarcadero Center, Suite 2400
San Francisco, CA 94111-4131
Telephone: [phone]
Facsimile: 415.344.7050
Attorneys for Amici Curiae
Bay Area Lawyers for Individual Freedom, et al.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KRISTIN M. PERRY, SANDRA B. STIER,
PAUL T. KATAMI, and JEFFREY J.
ZARRILLO,
Plaintiffs,

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v.

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MOTION FOR LEAVE TO FILE
BRIEF OF AMICI CURIAE BAY
AREA LAWYERS FOR
INDIVIDUAL FREEDOM, ET AL. IN
OPPOSITION TO PROPONENTS’
MOTION TO VACATE JUDGMENT

CITY AND COUNTY OF SAN FRANCISCO,
Chief Judge James Ware
Plaintiff-Invervenor,

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CASE NO. 09-CV-2292 JW

Date:
Time:
Location:

v.

June 13, 2011
9:00 a.m.
Courtroom 5, 17th Floor

EDMUND G. BROWN, JR., in his official
capacity as Governor of California; KAMALA D.
HARRIS, in her official capacity as Attorney
General of California; MARK B. HORTON, in his
official capacity as Director of the California
Department of Public Health and State Registrar of
Vital Statistics; LINETTE SCOTT, in her official
capacity as Deputy Director of Health Information
& Strategic Planning for the California
Department of Public Health; PATRICK
O’CONNELL, in his official capacity as ClerkRecorder for the County of Alameda; and DEAN
C. LOGAN, in his official capacity as RegistrarRecorder/County Clerk for the County of Los
Angeles,
Defendants,
MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL
FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT
Case No. 09-CV-2292 JW

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and

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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,

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Defendant-Intervenors.

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Additional Amici Curiae:

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AIDS Legal Referral Panel, API Equality – LA, API Equality – Northern California,

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Asian American Bar Association of the Greater Bay Area, Asian American Institute, Asian

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American Justice Center, Asian Law Caucus, Asian Pacific American Bar Association of Los

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Angeles County, Asian Pacific American Bar Association of Silicon Valley, Asian Pacific

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American Legal Center, Asian Pacific Islander Legal Outreach, Bay Area Association of Muslim

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Lawyers, The Black Women Lawyers Assn. of Northern California, The California Employment

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Lawyers Association, The Charles Houston Bar Association, Courage Campaign, Equal Justice

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Society, Family Equality Council, Fred T. Korematsu Center for Law and Equality, Freedom to

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Marry, Gay & Lesbian Advocates & Defenders, Impact Fund, Iranian American Bar Association,

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Korean American Bar Association of Northern California, Korean American Bar Association of

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Southern California, Law Foundation of Silicon Valley, Lawyers’ Committee for Civil Rights of

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the San Francisco Bay Area, Lesbian & Gay Lawyers Association of Los Angeles, Marin County

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Bar Association, Marriage Equality USA, National Asian Pacific American Bar Association,

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Philippine American Bar Association of Los Angeles, Queen’s Bench Bar Association,

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Sacramento Lawyers for the Equality of Gays and Lesbians, San Francisco La Raza Lawyers

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Association, Santa Clara County Bar Association, Santa Clara County Black Lawyers

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Association, Society of American Law Teachers, Transgender Law Center, Vietnamese American

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Bar Association of Northern California, and Women Lawyers of Alameda County.

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-1MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL
FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT
Case No. 09-CV-2292 JW

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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PLEASE TAKE NOTICE THAT Bay Area Lawyers for Individual Freedom, AIDS

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Legal Referral Panel, API Equality – LA, API Equality – Northern California, Asian American

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Bar Association of the Greater Bay Area, Asian American Institute, Asian American Justice

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Center, Asian Law Caucus, Asian Pacific American Bar Association of Los Angeles County,

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Asian Pacific American Bar Association of Silicon Valley, Asian Pacific American Legal Center,

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Asian Pacific Islander Legal Outreach, Bay Area Association of Muslim Lawyers, The Black

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Women Lawyers Assn. of Northern California, The California Employment Lawyers Association,

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The Charles Houston Bar Association, Courage Campaign, Equal Justice Society, Family

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Equality Council, Fred T. Korematsu Center for Law and Equality, Freedom to Marry, Gay &

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Lesbian Advocates & Defenders, Impact Fund, Iranian American Bar Association, Korean

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American Bar Association of Northern California, Korean American Bar Association of Southern

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California, Law Foundation of Silicon Valley, Lawyers’ Committee for Civil Rights of the San

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Francisco Bay Area, Lesbian & Gay Lawyers Association of Los Angeles, Marin County Bar

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Association, Marriage Equality USA, National Asian Pacific American Bar Association,

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Philippine American Bar Association of Los Angeles, Queen’s Bench Bar Association,

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Sacramento Lawyers for the Equality of Gays and Lesbians, San Francisco La Raza Lawyers

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Association, Santa Clara County Bar Association, Santa Clara County Black Lawyers

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Association, Society of American Law Teachers, Transgender Law Center, Vietnamese American

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Bar Association of Northern California, and Women Lawyers of Alameda County respectfully

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request the Court’s leave to participate as amici curiae in the above-captioned case in opposition

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to Defendant-Intervenors Dennis Hollingsworth, Gail J. Knight, Martin F. Guiterrez, Mark A.

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Jansson, and ProtectMarriage.com’s Motion to Vacate Judgment.

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I.

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STANDARD FOR MOTION FOR LEAVE TO FILE BRIEF AMICI CURIAE
“District courts frequently welcome amicus briefs from non-parties concerning legal

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

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‘unique information or perspective that can help the court beyond the help that the lawyers for the

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parties are able to provide.’” NGV Gaming, Ltd. v. Upstream Pont Molate, LLC, 355 F. Supp. 2d
-2MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL
FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT
Case No. 09-CV-2292 JW

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1061, 1067 (N.D.Cal.2005) (quoting Sonoma Falls Devs., LLC v. Nevada Gold & Casinos, Inc.,

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272 F. Supp. 2d 919, 925 (N.D. Cal. 2003)). Participation of amici is particularly appropriate

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where the legal issues in a case have potential ramifications beyond the parties directly involved

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or where amici can offer a unique perspective that may assist the Court. Sonoma Falls, 272 F.

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Supp. 2d at 925.

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II.

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IDENTITY AND INTEREST OF AMICI CURIAE
Bay Area Lawyers For Individual Freedom (“BALIF”) is the nation’s oldest and

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largest bar association of lesbian, gay, bisexual and transgender (“LGBT”) persons. Founded in

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1980, BALIF serves to take action on questions of law and justice that affect the LGBT

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community; strengthen ties among LGBT legal professionals; build coalitions to combat

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discrimination; promote the appointment of LGBT attorneys to the judiciary, public agencies, and

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commissions; fund scholarships for LGBT laws students and fellowships for public interest

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lawyers working on LGBT issues; and provide a forum for the exchange of ideas and information

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of concern to members of the LGBT legal community.

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The AIDS Legal Referral Panel (“ALRP”) supports the independence of the judicial

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branch and does not believe that a judge’s membership in a minority group or protected class

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should prevent her from presiding over a case. A judge living with a disability, including

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HIV/AIDS, should not be precluded from deciding issues related to disability discrimination just

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as an African-American judge should not be barred from deciding a case involving race

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discrimination. To hold otherwise would effectively negate the very important value of

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promoting diversity within the judicial branch.

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API Equality–LA advocates in the Greater Los Angeles Asian and Pacific Islander (API)

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community for fair treatment of lesbian, gay, bisexual, and transgender (LGBT) people and

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marriage equality. API Equality–LA recognizes that the long history of discrimination against

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the API community, especially California's history of anti-miscegenation laws and exclusionary

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efforts targeted at Asian immigrants, parallels the contemporary exclusion of lesbians and gay

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men from marriage in California. Because API Equality–LA is dedicated to achieving mutual

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-3MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL
FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT
Case No. 09-CV-2292 JW

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respect and security for all loving families, including those of devoted same-sex couples, it has an

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interest in this litigation and seeks to participate as an amicus curiae.

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API Equality – Northern California is a coalition of Asian Pacific Islander (API) and

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Lesbian, Gay, Bisexual, Trans, Intersex, and Queer/Questioning (LGBTIQ) of organizations and

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individuals that is committed to reducing and eliminating prejudice and oppression based on

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gender, gender identity, and/or sexual orientation in the diverse ethnic communities of the API

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populace and to reducing and eliminating racially-motivated or xenophobic prejudice and

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oppression in the LGBTQI community. API Equality – Northern California is dedicated to

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empowering community members, advancing civil rights protections, and promoting respect and

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understanding for cultural and community diversity.

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The Asian American Bar Association of the Greater Bay Area (“AABA”) was founded

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in 1976 to provide Asian American attorneys in the San Francisco Bay Area with a vehicle for the

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unified expression of opinions and positions on matters of concern to all Asian Pacific Americans

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(APA). Throughout its history, AABA has led and supported efforts to overturn discrimination

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against minority communities on all fronts. For the past five years, AABA has played an active

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role in supporting marriage equality for all Californians. AABA has a special interest in

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challenging discrimination by and in the government.

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Asian American Institute, Member of Asian American Center for Advancing Justice

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(“AAI”), is a pan-Asian, non-partisan, not-for-profit organization located in Chicago, Illinois,

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whose mission is to empower and advocate for the Asian American community through

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advocacy, coalition-building, education, and research. AAI is a member of the Asian American

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Center for Advancing Justice, whose other members include Asian American Justice Center,

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Asian Law Caucus, and Asian Pacific American Legal Center. AAI’s programs include

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community organizing, leadership development, and legal advocacy. AAI is deeply concerned

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about the discrimination and lack of fair representation faced by minorities and marginalized

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communities. Accordingly, AAI has a strong interest in this case.

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The Asian American Justice Center, Member of the Asian American Center for
Advancing Justice (“AAJC”), is a national non-profit, non-partisan organization in Washington,
-4MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL
FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT
Case No. 09-CV-2292 JW

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D.C., whose mission is to advance the civil and human rights of Asian Americans and build and

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promote a fair and equitable society for all. Founded in 1991, AAJC engages in litigation, public

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policy, advocacy, and community education and outreach on a range of issues, including anti-

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discrimination. AAJC is committed to challenging barriers to equality for all sectors of our

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society and has supported marriage rights for same-sex partners as an amicus curiae in other

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cases on this issue.

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The Asian Law Caucus, Member of the Asian American Center for Advancing

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Justice (“ALC”), is the oldest Asian American legal rights organization devoted to protecting the

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civil rights of all racial and ethnic minorities. The mission of ALC is to promote, advance, and

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represent the legal and civil rights of Asian and Pacific Islander communities. Recognizing that

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social, economic, political and racial inequalities continue to exist in the United States, ALC is

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committed to the pursuit of equality and justice for all sectors of our society. ALC has a strong

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interest in protecting the integrity of the core constitutional principle of equal protection of the

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law for all Americans.

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The Asian Pacific American Bar Association of Los Angeles County (“APABA-LA”)

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is comprised of attorneys, judges, commissioners and law students throughout Los Angeles

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County. APABA-LA provides legal education and assistance to underserved communities;

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sponsors programs in professional development, community education, and law student

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mentorship; and addresses issues that impact Asian Pacific Americans and other minorities. In

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furtherance of its mission, APABA-LA has and continues to advocate for equal rights for

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members of the LGBT community and to oppose discrimination based upon sexual orientation.

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The Asian Pacific American Bar Association of Silicon Valley (“APABA-SV”), formed

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over 20 years ago, serves to foster professional development, advocacy, and community

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involvement for Silicon Valley's Asian Pacific American legal community, and to promote justice

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and equality for all. APABA-SV members will be affected by any decision concerning whether

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membership in a minority group prevents a judge from presiding in litigation involving that

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minority group. Additionally, many LGBT individuals are Asian Americans and affected by

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-5MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL
FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT
Case No. 09-CV-2292 JW

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Proposition 8, so the outcome of this case directly affects people within the Asian American

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community. APABA-SV, therefore, has an interest in this motion to vacate trial judgment.

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The Asian Pacific American Legal Center, Member of the Asian American Center

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for Advancing Justice (“APALC”), is a nonprofit legal organization that serves the Asian and

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Pacific Islander communities through impact litigation, direct services, leadership development,

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and public policy advocacy. Since its founding in 1983, APALC has been a leading civil rights

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voice, advocating against discrimination and working across diverse communities to promote

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justice, on issues ranging from race to language and immigration to sexual orientation. APALC

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also works to increase diversity in the legal profession and judiciary. APALC joins this amicus

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brief because it strongly believes that diverse members of the judiciary contribute to a legal

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system that promotes equality and justice, and any attempt to suggest otherwise is contrary to

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basic notions of fairness.

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Asian Pacific Islander Legal Outreach (“API Legal Outreach”) is a community-based,

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social justice organization serving the Asian and Pacific Islander communities of the Greater Bay

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Area. Founded in 1975, our mission is to promote culturally and linguistically appropriate

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services for the most marginalized segments of the API community. Our work is currently

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focused in the areas domestic violence, violence against women, immigration and immigrant

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rights, senior law and elder abuse, human trafficking, public benefits, and social justice

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issues. API Legal Outreach has been fighting against all forms of discrimination, especially

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against the LGBTQ community, for many years. API Legal Outreach is a member of API

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Equality, and also was the lead author of an amicus brief for the 2006 Woo v. Lockyer case

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advocating for the rights of same-sex marriage. The brief represented 28 Asian American

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organizations and was joined by over 60 Asian American organizations.

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The Bay Area Association of Muslim Lawyers believe in the exercise of judicial

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freedom. Judicial opinions should not be scrutinized based on the sexual orientation, race or

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religion of our Judicial officers. Judge Vaughn Walker has upheld the law of the United States by

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serving on the Federal Bench for over twenty years. His record does not in any way show that he

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-6MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BAY AREA LAWYERS FOR INDIVIDUAL
FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT
Case No. 09-CV-2292 JW

1

has compromised a judicial opinion based on his own bias. We hope the court will stand by it's

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decision to strike down prop 8 because it violates the civil and human rights of our citizens.

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The Black Women Lawyers Association of Northern California (“BWLNC”) is a non-

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profit organization founded in 1979 representing the interests of African American women

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attorneys, judges and law students throughout Northern California. The mission of the BWLNC

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is to provide professional, financial, educational, social, and moral support for Black women in

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the legal profession. Part of this goal necessarily includes combating bias wherever it may occur.

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Dr. Martin Luther King, Jr. once said that “Injustice anywhere is a threat to justice everywhere.”

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BWLNC firmly believes that the attack on Judge Vaughn Walker based on his sexual orientation

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is no different than the racist attacks in the past and present on Black women seeking to practice

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in this esteemed profession. Thus, we find it completely and totally abhorrent that Proposition 8

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proponents now argue that Judge Walker should have recused himself from the case at

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issue because he is gay and has been in a long-term relationship for the past 10 years with another

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man. We join Bay Area Lawyers for Individual Freedom (BALIF) in their amicus brief to the

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court on the basis that judiciary independence should never be thwarted by looking at a judge's

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personal beliefs and/or status and that no member of a minority group should be disqualified from

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ruling on or participating in any litigation that is of major consequence to that particular group.

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The California Employment Lawyers Association (“CELA”) is an organization

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composed of approximately 1000 attorneys who represent primarily plaintiffs in employment

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discrimination cases and other matters arising in the workplace. Ensuring civil rights lies at the

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core of CELA's mission. CELA has participated in amicus coalitions in both the

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California litigation and federal litigation relating to Proposition 8.

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The Charles Houston Bar Association (“CHBA”) is a non-profit organization founded

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in 1955 representing the interests of African American attorneys, judges and law students

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throughout Northern California. The mission of the Association is to improve access to justice; to

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promote equal protection under the law; to be proactive in increasing diversity within the legal

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community and to the bench; to bring services to the community; and to support the Association’s

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judges, attorneys and law students. One of our core values is to eradicate injustice within and
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FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT
Case No. 09-CV-2292 JW

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throughout the legal community. Thus, we find it completely and totally abhorrent that

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Proposition 8 proponents now argue that Judge Walker should have recused himself from the case

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at issue because he is gay and has been in a long-term relationship for the past 10 years with

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another man. We join Bay Area Lawyers for Individual Freedom (BALIF) in their amicus brief

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to the court on the basis that judiciary independence should never be thwarted by looking at a

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judge's personal beliefs and/or status and that no member of a minority group should be

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disqualified from ruling on or participating in any litigation that is of major consequence to that

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particular group.

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The Courage Campaign is a nonprofit California-based social justice organization

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comprised of hundreds of thousands of Californians and is supported by thousands of small

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financial donors. In January 2010, Courage Campaign created a website to follow the trial,

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prop8trialtracker.com, that has been viewed more an 4 million times and more than 138,000

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Courage Campaign members submitted comments in Perry v. Schwarzenegger asking the court to

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broadcast the trial on YouTube.

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The Equal Justice Society (“EJS”) is a national organization of scholars, advocates, and

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citizens that seeks to promote equal opportunity and progressive social change through law,

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public policy, public education, and research. The primary mission of EJS is to combat the

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continuing scourge of racial discrimination and inequality in America. Consistent with that

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mission, EJS works to confront all manifestations of invidious discrimination and second-class

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citizenship. Such threats to dignity spring from a common source and endanger everyone, no

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matter the context in which they arise.

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Family Equality Council, founded in 1979, is a national organization working to achieve

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social and legal equality for LGBT families by providing direct support, educating the American

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public, and advancing policy reform that ensures full recognition and protection under the law.

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Family Equality Council has more than 65,000 supporters, thousands of which are located in

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California. As a national organization, Family Equality Council has broad experience protecting

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the rights of LGBT-headed families and serving the over 200 local parents groups that support

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them.
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FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT
Case No. 09-CV-2292 JW

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The Fred T. Korematsu Center for Law and Equality (“Korematsu Center”) is a

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nonprofit organization based at Seattle University School of Law and works to advance justice

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through research, advocacy, and education. The Korematsu Center is dedicated to advancing the

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legacy of Fred Korematsu, who defied the military orders during World War II that ultimately led

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to the internment of 110,000 Japanese Americans. He took his challenge of the military orders to

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the United States Supreme Court, which upheld his conviction in 1944 on the ground that the

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removal of Japanese Americans was justified by “military necessity.” Fred Korematsu went on to

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successfully challenge his conviction and to champion the cause of civil liberties and civil rights

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for all people. The Korematsu Center, inspired by his example, works to advance his legacy by

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promoting justice for all. It has a strong interest in protecting the integrity of the core

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constitutional principles of equal protection and fundamental rights, and ensuring the courts’ role

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as final arbiter of these constitutional guarantees. It has a strong interest in improving judicial

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diversity as well as ensuring judicial independence. We note that the Korematsu Center does not,

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in this brief or otherwise, represent the official views of Seattle University.

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Freedom to Marry is the national campaign to end marriage discrimination in the United

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States. Freedom to Marry works with partner organizations and individuals to win the right to

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marry in more states, solidify and diversify the majority for marriage, and challenge and end

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federal marriage discrimination. Freedom to Marry is based in New York, with offices in Oregon

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and DC, and has participated as amicus curiae in several marriage cases in the United States and

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abroad.

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Gay & Lesbian Advocates & Defenders (“GLAD”) is a leading legal rights organization

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dedicated to ending discrimination based upon sexual orientation, HIV status, and gender identity

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and expression. GLAD has challenged discrimination in marriage in several states. Most

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notably, these cases include Goodridge v. Dept. of Public Health, 798 N.E.2d 941 (Mass. 2003),

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and Kerrigan v. Dept. of Public Health, 957 A.2d 407 (Conn. 2008) (establishing the right of

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same-sex couples to marry under the Massachusetts and Connecticut constitutions). In addition,

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GLAD has appeared as counsel or amicus curiae in numerous litigations involving discrimination

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based on sexual orientation, HIV status, and gender identity and expression.
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FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT
Case No. 09-CV-2292 JW

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The Impact Fund is a non-profit foundation that provides funding, training, and co-

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counsel to public interest litigators across the country. It is a State Bar Legal Services Trust Fund

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Support Center, providing services to legal services projects across California. The Impact Fund

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is counsel in a number of major civil rights class actions and is lead counsel in Dukes v. Wal-Mart

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Stores, Inc., 603 F.3d 571 (9th Cir.), cert. granted, 131 S. Ct. 795 (2010), the largest employment

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discrimination class action in history.

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Incorporated in 2000 in the District of Colombia, the Iranian American Bar Association

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(“IABA”) is a non-profit organization of more than 1,500 attorneys in over 9 official chapters

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nationwide. IABA is the only national association of Iranian judges, lawyers, and law students

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organized for the specific purpose of protecting the rights of the Iranian American community.

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IABA’s core mission is to promote the “social, economic, professional and educational

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advancement of the Iranian American community and the community at large.” Additionally,

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IABA advocates nationally on legal issues that are of widespread interest to the Iranian American

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community. To accomplish these goals, one of IABA's primary tasks is to prevent discrimination

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based on ethnic, cultural or religious background.

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The Korean American Bar Association of Northern California (“KABANC”) has

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served Korean American lawyers and the local Korean community since the mid-1980s and was

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founded to encourage and promote the professional growth of Korean-American lawyers and law

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students in Northern California; to foster networking, support, and the exchange of ideas and

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information among its members and with the local Korean-American community; and to work

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with other Asian, minority, and community organizations on matters of common concern.

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KABANC joins this amicus brief to further the protection of minority rights, including those of

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gays and lesbians.

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The Korean American Bar Association of Southern California (“KABA”) is the

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largest and oldest organization of Korean-American attorneys, judges, professors, law students,

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and community leaders in the country. Since the civil unrest in Los Angeles in 1992, KABA has

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been a leading advocate for the Korean-American community and has worked tirelessly to

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FREEDOM, ET AL. IN OPPOSITION TO PROPONENTS’ MOTION TO VACATE JUDGMENT
Case No. 09-CV-2292 JW

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promote reconciliation, understanding and peace within the greater Los Angeles region and

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beyond. KABA supports the effort to ensure justice and equality for all persons.

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Founded in 1974, the Law Foundation of Silicon Valley is a private nonprofit

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corporation in San Jose that sponsors five free legal services and advocacy programs. Its mission

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is to secure justice and protect human rights by providing legal advocacy, counseling, and access

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to the legal system for those who would otherwise be underrepresented. The Law Foundation has

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a strong interest in protecting the equal protection rights of our clients and members of the

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communities that we serve, and assuring that they are protected from discrimination, particularly

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as to their fundamental rights such as the right to marry.

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The Lawyers’ Committee for Civil Rights of the San Francisco Bay Area (“LCCR”) is

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affiliated with the national Lawyers’ Committee for Civil Rights Under Law, established in 1963

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at the urging of President John F. Kennedy. LCCR was formed to support the rights of minority

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and low-income persons by offering free legal assistance in civil matters and by litigating cases

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on behalf of the traditionally underrepresented. In addition, LCCR monitors judicial proceedings

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and legislation that affect the traditionally disadvantaged and frequently files amicus briefs in

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cases challenging discriminatory policies and practices. Because advancing the rights of LGBT

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individuals is integral to any civil rights agenda, LCCR’s amicus work has encompassed these

18

issues as well.

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The Lesbian and Gay Lawyers Association of Los Angeles (“LGLA”) was formed in

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the aftermath of a bitter battle over the 1978 Proposition 6, a California ballot measure backed by

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State Senator John Briggs seeking to ban homosexuals from the profession of teaching in

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California. Since its first meeting in 1979, LGLA, the only bar association of its kind in Southern

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California, has served lesbian, gay, bisexual and transgender (“LGBT”) legal professionals

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through traditional bar association programs including judicial endorsements, networking events,

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continual legal education programs, student mentoring, scholarships, etc. In addition, LGLA is

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active in advocating equality and justice for the LGBT legal professionals and LGBT community

27

at-large through amicus briefing, education forums, and active leadership or affiliation in other

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influential bars such as the Los Angeles County Bar Association programs, the State Bar of
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California, the National LGBT Bar Association, which is itself an affiliate of the American Bar

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Association.

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The Marin County Bar Association (the “MCBA”) is a voluntary organization of almost

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700 members. A primary mission of the MCBA is to promote the rational and coherent

5

administration of justice, which includes supporting an independent judiciary and educating the

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public on the importance of the judicial system. Since its establishment in 1937, the MCBA has

7

declined to take any position or action that might be considered political in nature or that involves

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an issue before the electorate. Proposition 8 changed that. The importance of the civil rights and

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judicial independence issues raised by Proposition 8 prompted our organization to adopt a formal

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position in opposition to the proposition, a position approved both by board action and a full

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membership vote in 2008. The fundamental importance of an independent judiciary to our

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justice system again prompts us to take a position by joining in this brief. The status of a judge

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should never be used as a shield or a sword by those who disagree with that judge’s rulings.

14

Marriage Equality USA (“MEUSA”) is a national, not-for-profit, all-volunteer

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corporation that leads a nonpartisan, grassroots educational effort to secure legally recognized

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civil marriage equality at the federal and state level without regard to gender identity or sexual

17

orientation. MEUSA employs educational and outreach programs, media presentations,

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partnerships with other organizations that support equality, and a strong membership that engages

19

in local events, including asking for marriage licenses for same-sex couples on Valentine’s Day.

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MEUSA has a strong presence in California, with 26 county-based chapters, as well as chapters in

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Arizona, Florida, Iowa, New Hampshire, Ohio, Pennsylvania, and Virginia.

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The National Asian Pacific American Bar Association (“NAPABA”) is the national

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association of Asian Pacific American attorneys, judges, law professors, and law students.

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NAPABA represents the interests of over 40,000 attorneys and 60 local and regional Asian

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Pacific American bar associations. Our members work variously in solo practices, large firms,

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corporations, legal services organizations, non-profit organizations, law schools, and government

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agencies. Since its inception in 1988, NAPABA has been at the forefront of national and local

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activities in the areas of civil rights. NAPABA joins amici to oppose the challenging of jurist's

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impartiality based solely on the individual's race, sex, or sexual orientation.

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The Philippine American Bar Association of Los Angeles (“PABA”) addresses the

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legal issues confronting the Filipino-American community as well as the professional concerns of

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Filipino-American lawyers in Southern California. PABA, whose membership includes LGBT

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professionals, is an ardent supporter of equal rights for members of the LGBT community.

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PABA believes that progress in civil rights for insular minorities is most effective while working

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in coalition with the broader community. Thus, PABA partners with other civil-rights minded

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organizations to advance the cause of justice and the protection of the legal process.

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Queen’s Bench Bar Association is a non-profit voluntary membership organization made

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up of judges, lawyers and law students in the San Francisco Bay Area. Established in 1921,

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Queen’s Bench is one of the oldest women’s bar associations in the country. Queen’s Bench

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seeks to advance the interests of women in law and society, and to serve the professional needs of

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women lawyers, judges and law students. The Queen’s Bench Bylaws include among its

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purposes the promotion and maintenance of “a skilled, humane and independent judiciary” and

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the “sound administration of justice,” as well as the furtherance of equal opportunity in the legal

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profession and the judiciary. Queen’s Bench has a strong and demonstrated interest in the

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preservation of the Constitutional right to equal protection of the laws and judicial independence.

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Sacramento Lawyers for the Equality of Gays and Lesbians (“SacLEGAL”) is a

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professional association of attorneys, legal professionals, and legislative advocates, affiliated with

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the Sacramento County Bar Association and the National LGBT (Lesbian, Gay, Bisexual and

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Transgender) Bar Association. SacLEGAL’s mission is to promote equality for members of the

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LGBT community through providing strong leadership, legislative advocacy, education, and

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participation in civic and social activities within the legal community and community at large.

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Specifically, SacLEGAL’s mission statement includes as among the purposes of the existence of

26

the organization to defend and expand the legal rights of LGBT people to ensure equality, and to

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secure for LGBT individuals basic human and civil rights, such as the right to be free from

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discrimination. As such, SacLEGAL members have a strong interest in the legal status of LGBT
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individuals, couples and families, and in efforts to promote legal equality and nondiscrimination

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for the LGBT community. SacLEGAL believes this case implicates those goals and purposes.

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SacLEGAL construes Proposition 8 as a major retrenchment and reduction of legal rights of gay

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people, changing the nondiscriminatory rules of law which promoted LGBT equality set forth in

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the Marriage Cases, into a legal climate that requires official State discrimination against gay

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people with a resulting inequality and second-class status. SacLEGAL considers this inequality

7

and second-class status to be highly injurious to the broader community of gay people, as well as

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specifically to those who wish to marry. SacLEGAL believes the motion to vacate the trial

9

judgment would inflict further injury upon the gay community and thus is directly in conflict with

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SacLEGAL’s goals and mission.

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Since our founding in 1971, San Francisco La Raza Lawyers Association (“SFLRLA”)

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has served the public interest by promoting legal reform in order to serve the interests of justice

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for all persons and by otherwise facilitating the administration of justice. SFLRLA has a proud

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history of advocating for civil rights, equality under the law, and fair representation for the

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Latino/a and other diverse communities. SFLRLA continues this tradition in signing this amicus

16

brief.

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Founded in 1917, the Santa Clara County Bar Association (“SCCBA”) is a nonprofit

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membership association of approximately 3,400 legal professionals. The SCCBA is committed to

19

promoting full and equal access to the legal system by all individuals, and is a leader in opposing

20

discrimination against gay men and lesbians. The SCCBA, through its formal resolutions and

21

commitment to amicus briefs in prior relevant litigation, opposes the Motion to Vacate Judgment

22

that based on the bias of Federal District Judge Vaughn Walker as the SCCBA believes that a

23

judge’s minority status does not per se disqualify that judge from hearing a case involving that

24

minority and that to do so undermines judicial independence and equality.

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The Santa Clara County Black Lawyers Association is an advocate for equal

26

opportunity and justice for all citizens of the United States. The right of a judge to participate

27

fully in the judicial system must be safeguarded against perceived notions that the race,

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sex, creed, or sexual orientation of such judge renders them unable to be impartial and
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unbiased to issues encompassing their race, sex, creed, or sexual orientation. The mere fact that a

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judge is African-American should not preclude them from hearing all cases where an African-

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American is a party to the case or where issues concerning African-American’s are at stake. In the

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same manner, a Caucasian male judge should not barred from hearing a case where majority-

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minority race issues or male-female gender issues are at stake.

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The Society of American Law Teachers (“SALT”) is an association of law faculty,

7

administrators, and legal education professionals from law schools across the nation.

8

Incorporated in 1974, SALT was founded by a group of leading law professors dedicated to

9

improving the quality of legal education by making it more responsive to societal concerns.

10

SALT has worked within the legal academy to develop a jurisprudence to end discrimination of

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historically underrepresented groups, including discrimination based on sexual orientation and

12

has appeared as amicus curiae in federal and state courts to further these claims to equal access to

13

education, employment, and to full participation in civic life.

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The Transgender Law Center (“TLC”) is a civil rights organization advocating for

15

transgender communities. TLC connects transgender people and their families to technically

16

sound and culturally competent legal services, increase acceptance and enforcement of laws and

17

policies that support transgender communities, and work to change laws and systems that fail to

18

incorporate the needs and experiences of transgender people. TLC has an interest in protecting

19

minorities from being stripped of their civil rights by majority vote.

20

The Vietnamese American Bar Association of Northern California (“VABANC”) was

21

founded in 1998 to provide Vietnamese American attorneys with a vehicle for the unified

22

expression of opinions and positions on matters of concern to all Vietnamese American attorneys,

23

to encourage and promote the professional growth of its members, and to foster the exchange of

24

ideas and information among its members and with the community at large. As such, VABANC

25

is concerned on issues of diversity and equality. VABANC supports that judiciary independence

26

should never be thwarted by looking at a judge's personal beliefs and/or status and membership in

27

a minority group should not prevent a judge from presiding in litigation involving that minority

28

group.
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Women Lawyers of Alameda County (“WLAC”) has been “a voice for women in the

2

law” since 1980. Born out of necessity to address gender bias and gender discrimination in both

3

the application of law and the practice of law, in our thirty years of existence, WLAC has worked

4

tirelessly to advance the needs, desires, and interests of all women in Alameda County. Drawing

5

upon our core values, and as a member of the Minority Bar Association, WLAC recognizes that

6

discrimination and bias against one is discrimination and bias against all. We proudly join in this

7

amicus brief.

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III.

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CONCLUSION
For the foregoing reasons, Bay Area Lawyers for Individual Freedom, AIDS Legal

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Referral Panel, API Equality – LA, API Equality – Northern California, Asian American Bar

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Association of the Greater Bay Area, Asian American Institute, Asian American Justice Center,

12

Asian Law Caucus, Asian Pacific American Bar Association of Los Angeles County, Asian

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Pacific American Bar Association of Silicon Valley, Asian Pacific American Legal Center, Asian

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Pacific Islander Legal Outreach, Bay Area Association of Muslim Lawyers, The Black Women

15

Lawyers Assn. of Northern California, The California Employment Lawyers Association, The

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Charles Houston Bar Association, Courage Campaign, Equal Justice Society, Family Equality

17

Council, Fred T. Korematsu Center for Law and Equality, Freedom to Marry, Gay & Lesbian

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Advocates & Defenders, Impact Fund, Iranian American Bar Association, Korean American Bar

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Association of Northern California, Korean American Bar Association of Southern California,

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Law Foundation of Silicon Valley, Lawyers’ Committee for Civil Rights of the San Francisco

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Bay Area, Lesbian & Gay Lawyers Association of Los Angeles, Marin County Bar Association,

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Marriage Equality USA, National Asian Pacific American Bar Association, Philippine American

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Bar Association of Los Angeles, Queen’s Bench Bar Association, Sacramento Lawyers for the

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Equality of Gays and Lesbians, San Francisco La Raza Lawyers Association, Santa Clara County

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Bar Association, Santa Clara County Black Lawyers Association, Society of American Law

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Teachers, Transgender Law Center, Vietnamese American Bar Association of Northern

27

California, and Women Lawyers of Alameda County respectfully request the Court’s leave to

28

submit a brief amici curiae.
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DATED: May 25, 2011

PERKINS COIE LLP

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By:

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/s/ Joren S. Bass
Joren S. Bass

Attorneys for Amici Curiae
Bay Area Lawyers for Individual Freedom, et
al.

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77476-0001/LEGAL20866230

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