Perry v Schwarzenegger Trial Approaches

SACRAMENTO – Just prior to the California Supreme Court’s 6-1 decision on May 26 to uphold Proposition 8 in California’s Constitution, a lawsuit against the constitutionality of California’s definition of marriage was filed in the federal court system. In its passage, Prop 8 entered the California Constitution as Article 1, Section 7.5. The American Foundation for Equal Rights brought the challenge against Prop 8 without participation by the majority of pro-homosexual organizations such as Equality California, Lambda Legal, the National Center for Lesbian Rights, and the American Civil Liberties Union(ACLU). 

 

Known as Perry v Schwarzenegger, the suit challenges the interpretation of the equal protection clause of the 14^th Amendment to the U.S. Constitution. This amendment was adopted on the heels of the Civil War, as newly freed slaves encountered continued disparate treatment in matters of property ownership and other legal contracts. Simply stated, the equal protection clause was originally intended to provide all citizens with the same “due process” of law, without regard to nationality, race, or color.

 

The American Foundation for Equal Rights’ Web site identifies Chad Griffin as its president, with Rob Reiner and other Hollywood activists serving on its board of directors. The Web site describes Griffin as a political and communications strategist who “fights against . . . the right wing.” Griffin served in the Clinton White House, took honors for his work against Prop 8, and is also an executive producer of major films.

 

Serving as lead counsel for the plaintiffs are David Boies and Ted Olson. Both attorneys are nationally recognized and argued against each other in the Bush v Gore lawsuit in the 2000 presidential election. 

 

Serving as lead counsel for the Proposition 8 Legal Defense Fund is Charles Cooper, an attorney recognized as one of the top ten litigators in Washington, D.C. Cooper served as law clerk to former Chief Justice William Rehnquist, and in the Reagan administration as Assistant Attorney General for the Office of Legal Counsel.

 

The Alliance Defense Fund (ADF) is serving as co-counsel to Mr. Cooper. ADF has worked extensively for the protection of traditional marriage in many U.S. states and at the federal level. ADF’s excellent work for the preservation of religious freedom is offered at no charge, as its work is supported by charitable contributions.      

 

The Proposition 8 Legal Defense Fund sought the right to intervene in Perry v Schwarzenegger in order to argue on behalf of the proponents of Prop 8. Thankfully, Judge Vaughan Walker granted intervenor status to the Prop 8 Legal Defense Fund, as without the Fund’s involvement there would have been no authoritative defense on behalf of the proponents or the majority of California’s voters. Neither California Attorney General Jerry Brown nor Governor Arnold Schwarzenegger is inclined to fulfill their duties to defend the constitution of the state in this matter.

 

Judge Walker has also allowed the City and County of San Francisco to intervene on behalf of the plaintiffs, though expressly limiting San Francisco’s arguments to addressing the effects on government from marriage’s current definition. Research and discovery will include “expert” testimony from internationally recognized authorities in many fields, representing both sides of the debate. Deadlines for expert and factual discovery have been set, with a projected start of trial in the United States District Court, Northern District of California (San Francisco Division) on January 11, 2010.

 

Judge Walker expects this case to “touch down” only briefly in district court, as the case will likely proceed to the U.S. Ninth Circuit Court of Appeal, and ultimately settle at the United States Supreme Court.