# Kristin Perry v. Edmund G. Brown, Jr.

> Court of Appeals for the Ninth Circuit · June 5, 2012 · 681 F.3d 1065

URL: https://www.frixlaw.com/law-library/cases/9500618

## Case

- **Full name:** Kristin M. PERRY; Sandra B. Stier; Paul T. Katami; Jeffrey J. Zarrillo, Plaintiffs-Appellees, City and County of San Francisco, Intervenor-Plaintiff-Appellee, v. 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 & 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 Clerk-Recorder for the County of Alameda; Dean C. Logan, in His Official Capacity as Registrar-Recorder/County Clerk for the County of Los Angeles, Defendants, Hak-Shing William Tam, Intervenor-Defendant, and Dennis Hollingsworth; Gail J. Knight; Martin F. Gutierrez; Mark A. Jansson; ProtectMarriage.com-Yes on 8, a Project of California Renewal, as Official Proponents of Proposition 8, Intervenor-Defendants-Appellants; Kristin M. Perry; Sandra B. Stier; Paul T. Katami; Jeffrey J. Zarrillo, Plaintiffs-Appellees, City and County of San Francisco, Intervenor-Plaintiff-Appellee, v. 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 & 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 Clerk-Recorder for the County of Alameda; Dean C. Logan, in His Official Capacity as Registrar-Recorder/County Clerk for the County of Los Angeles, Defendants, Hak-Shing William Tam, Intervenor-Defendant, and Dennis Hollingsworth; Gail J. Knight; Martin F. Gutierrez; Mark A. Jansson; ProtectMarriage.com-Yes on 8, a Project of California Renewal, as Official Proponents of Proposition 8, Intervenor-Defendants-Appellants
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** June 5, 2012
- **Citations:** 681 F.3d 1065; 2012 WL 1994574
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** O'Scannlain, Reinhardt, Hawkins, Smith, Bybee, Bea
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9500618

## Opinion text

Order; Concurrence by Judge REINHARDT; Dissent by Judge O’SCANNLAIN.
ORDER
A majority of the panel has voted to deny the petition for rehearing en banc. Judge N.R. Smith would grant the petition.
The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the non-recused active judges in favor of en banc consideration. Fed. R.App. P. 35. The petition for rehearing en banc is DENIED.
The mandate is stayed for ninety days pending the filing of a petition for writ of certiorari in the Supreme Court. If such a petition is filed, the stay shall continue *1067 until final disposition by the Supreme Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9500618. Public record. Not legal advice.