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1 JON W. DAVIDSON (SBN 89301)

jdavidson@lambdalegal.org
2 TARA BORELLI (SBN 216961)
tborelli@lambdalegal.org
3 PETER C. RENN (SBN 247633)
prenn@lambdalegal.org
4 LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC.
3325 Wilshire Boulevard, Suite 1300
5 Los Angeles, CA 90010
T: (213) 382-7600/F: (213) 351-6050
6
ALAN L. SCHLOSSER (SBN 49957)
7 aschlosser@aclunc.org
ELIZABETH O. GILL (SBN 218311)
8 egill@aclunc.org
ACLU FOUNDATION OF NORTHERN CALIFORNIA
9 39 Drumm Street
San Francisco, CA 94111
10 T: (415) 621-2493/F: (415) 255-8437

11 SHANNON P. MINTER (SBN 168907)

sminter@nclrights.org
12 CHRISTOPHER F. STOLL (SBN 179046)
cstoll@nclrights.org
13 ILONA M. TURNER (SBN 256219)
iturner@nclrights.org
14 NATIONAL CENTER FOR LESBIAN RIGHTS
870 Market Street, Suite 370
15 San Francisco, CA 94102
T: (415) 392-6257/F: (415) 392-8442
16

17 UNITED STATES DISTRICT COURT

18 NORTHERN DISTRICT OF CALIFORNIA

19 KRISTIN M. PERRY, et al., CASE NO. 09-CV-2292 JW

20 Plaintiffs,
NOTICE OF MOTION AND MOTION FOR
and LEAVE TO FILE BRIEF OF AMICI CURIAE
21 CITY AND COUNTY OF SAN FRANCISCO, LAMBDA LEGAL DEFENSE AND
EDUCATION FUND, INC., ACLU
22 Plaintiff-Intervenor, FOUNDATION OF NORTHERN
v. CALIFORNIA, NATIONAL CENTER FOR
23 LESBIAN RIGHTS, AND EQUALITY
EDMUND G. BROWN, et al., CALIFORNIA; [PROPOSED] ORDER
24
Defendants,
25 and Judge: Chief Judge Ware
Courtroom: Courtroom 5, 17th Floor
26 PROPOSITION 8 OFFICIAL PROPONENTS
DENNIS HOLLINGSWORTH, et al.,
27
Defendant-Intervenors.
28

CASE NO. 09-CV-2292 JW MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE
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1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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

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

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

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

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

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

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

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

10 this motion.

11 I. STANDARD FOR MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE

12 “District courts frequently welcome amicus briefs from non-parties concerning legal issues

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

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

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

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

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

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

19 II. IDENTITY AND INTERESTS OF AMICI CURIAE

20 Lambda Legal Defense and Education Fund, Inc. (Lambda Legal) is the nation’s oldest and

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

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

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

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

25 identity discrimination law and policy.

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

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

28 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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1 state and federal Constitutions and civil rights statutes. ACLU-NC works on behalf of lesbians, gay

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

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

4 sex couples and LGBT families.

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

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

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

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

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

10 has a particular interest in protecting same-sex couples and their children.

11 Equality California is a state-wide advocacy group protecting the needs and interests of

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

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

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

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

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

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

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

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

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

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

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

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1 III. CONCLUSION

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

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

4 herewith.

5 Dated: May 13, 2011 Respectfully submitted,

6 JON W. DAVIDSON
TARA BORELLI
7 PETER C. RENN
Lambda Legal Defense and Education Fund, Inc.
8
ALAN L. SCHLOSSER
9 ELIZABETH O. GILL
ACLU Foundation of Northern California
10
SHANNON P. MINTER
11 CHRISTOPHER F. STOLL
ILONA M. TURNER
12 National Center For Lesbian Rights
13 By: __/s/ Peter Renn_________
14 Attorneys for Amici Curiae Lambda Legal Defense and
Education Fund, Inc., ACLU Foundation of Northern
15 California, National Center for Lesbian Rights, and
Equality California
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1 [PROPOSED] ORDER

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

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

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

6 _______________________________
Dated: __________, 2011 Hon. James Ware
7 United States Chief District Judge

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