Perry v. Schwarzenegger

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Perry v. Schwarzenegger  (2010) 
by Vaughn R. Walker

Perry v. Schwarzenegger is a federal lawsuit filed in the United States District Court for the Northern District of California challenging the federal constitutionality of Proposition 8, a 2008 ballot initiative that amended the California Constitution to restrict marriage to opposite-sex couples, prohibiting California from recognizing same-sex marriages performed on or after November 5, 2008. The suit sought to strike down Proposition 8 as unconstitutional. The court ruled that Proposition 8 violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution.

United States District Court for the Northern District of California

704 F.Supp.2d 921

Perry  v.  Schwarzenegger

No. C 09-2292 VRW 

This case is divided into the following sections:

  1. Background to Proposition 8
  2. Procedural History of This Action
  3. Plaintiffs' Case Against Proposition 8
  4. Proponents' Defense of Proposition 8
  5. Trial Proceedings and Summary of Testimony
  6. Credibility Determinations--Plaintiffs' Witnesses
  7. Credibility Determinations--Proponents' Witnesses
  8. Findings of Fact--The Parties
  9. Findings of Fact--Whether Any Evidence Supports California's Refusal to Recognize Marriage Between Two People Because of Their Sex
  10. Findings of Fact--Whether Any Evidence Shows California Has an Interest in Differentiating Between Same-Sex and Opposite-Sex Unions
  11. Findings of Fact--Whether The Evidence Shows That Proposition 8 Enacted a Private Moral View Without Advancing a Legitimate Governmental Interest
  12. Conclusions of Law--Due Process
  13. Conclusions of Law--Equal Protection
  14. Conclusion
  15. Remedies

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).