Perry v Schwarzenegger

Kristin M. Perry v. Arnold Schwarzenegger is a federal lawsuit filed in California challenging the federal constitutionality of Proposition 8. The juse presiding over the case, Judge Vaughn Walker, ruled that Proposition 8 violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution.

The case is a major victory for Pro-Equality supporters, however it will likely reach the Supreme Court on appeal. There is currently a stay on the ruling from the Ninth Circuit Court of Appeals, which means that Proposition 8 is still in effect in California.

Defendants
Both California's Attorney General Jerry Brown and Governer Arnold Schwarzenegger refused to defend the lawsuit. Brown said that Proposition 8 violates the 14th Amendment and should be struck down. None of the state officials named in the suit sought to defend the law in court.

Two groups sought to intervene as defenders of the case. The first, ProtectMarriage.com, were the official proponents of Proposition 8 and the judge allowed them to intervene. The judge denied a similar request from Campaign for California Families.

Plaintiffs
Two California couples, Kristin Perry and Sandra Steir, and Paul Katami and Jeffrey Zarrillo, applied for marriage licences in May 2009. Both applications were refused. The couples sued the two county clerks and several state officials: Governor Arnold Schwarzenegger, Attorney General Jerry Brown, and two officials in the Department of Public Health.

David Blankenhorn (Defendant Witness)
Under cross-examination, Blankenhorn revealed that he believed the principle of equal human dignity applied to gay and lesbian Americans, and that "we would be more American on the day we permitted same-sex marriage than we were on the day before"