Perry v. Schwarzenegger/2:Procedural History of This Action


Plaintiffs challenge the constitutionality of Proposition 8 under the Fourteenth Amendment, an issue not raised during any prior state court proceeding. Plaintiffs filed their complain on May 22, 2009, naming as defendants in their official capacities California's Governor, Attorney General and Director and Deputy Director of Public Health and the Alameda County Clerk-Recorder and the Los Angeles County Registrar-Recorder/County Clerk (collectively "the government defendants"). Doc #1. With the exception of the Attorney General, who concedes that Proposition 8 is unconstitutional, Doc #39, the government defendants refused to take a position on the merits of plaintiffs' claims and declined to defend Proposition 8. Doc #42 (Alameda County), Doc #41 (Los Angeles County), Doc #46 (Governor and Department of Public Health officials).

[p. 4] Defendant-intervenors, the official proponents of Proposition 8 under California election law ("proponents"), were granted leave in July 2009 to intervene to defend the constitutionality of Proposition 8. Doc #76. On January 8, 2010, Hak-Shing William Tam, an official proponent and defendant-intervenor, moved to withdraw as a defendant; Doc #369; Tam's motion is denied for the reasons stated in a separate order filed herewith. Plaintiff-intervenor City and County of San Francisco ("CCSF" or "San Francisco") was granted leave to intervene in August 2009. Doc #160 (minute entry).

The court denied plaintiffs' motion for a preliminary injunction on July 2, 2009, Doc #77 (minute entry), and denied proponents' motion for summary judgment on October 14, 2009, Doc #226 (minute entry). Proponents moved to realign the Attorney General as plaintiff; the motion was denied on December 23, 2009, Doc #319. Imperial County, a political subdivision of California, sought to intervene as a party defendant on December 15, 2009, Doc #311; the motion is denied for the reasons addressed in a separate order filed herewith.

The parties disputed the factual premises underlying plaintiffs' claims and the court set the matter for trial. The action was tried to the Court January 11–27, 2010. The trial proceedings were recorded and used by the court in preparing the findings of fact and conclusions of law; the clerk is now DIRECTED to file the trial recording under seal as part of the record. The parties may retain their copies of the trial recording pursuant to the terms of the protective order herein, see Doc #672. [p. 5] Proponents' motion to order the copies' return, Doc #698, is accordingly DENIED.