# 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/9500619

## 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:** Concurrence by Hawkins
- **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/9500619

## Opinion text

REINHARDT and HAWKINS, Circuit Judges,
concurring in the denial of rehearing en banc:
We are puzzled by our dissenting colleagues’ unusual reliance on the President’s views regarding the Constitution, especially as the President did not discuss the narrow issue that we decided in our opinion. We held only that under the particular circumstances relating to California’s Proposition 8, that measure was invalid. In line with the rules governing judicial resolution of constitutional issues, we did not resolve the fundamental question that both sides asked us to: whether the Constitution prohibits the states from banning same-sex marriage. That question may be decided in the near future, but if so, it should be in some other case, at some other time.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9500619. Public record. Not legal advice.