Kristin Perry v. Campaign for California Famili

BACKGROUND

On November 4, 2008, voters approved Prop. 8, a state bal- lot initiative that amended the California Constitution to pro- PERRY v. CAMPAIGN FOR CALIFORNIA FAMILIES 15353 vide that “[o]nly marriage between a man and a woman is valid or recognized in California.” CAL. CONST. art. I, § 7.5. On May 22, 2009, Kristen M. Perry and several gay and les- bian residents of California who wish to marry (together, “Perry”) filed suit seeking a declaration that Prop. 8 and any other California law that bars same-sex marriage are unconsti- tutional under the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the U.S. Constitution, and an injunction preventing the State from enforcing Prop. 8 and any other similar California law. The defendant Governor, state administrative officers, and county clerks declined to take any position on the constitutionality of Prop. 8. The defendant California Attorney General responded that he agreed that Prop. 8 was unconstitutional. The district court granted an unopposed motion to intervene by the Official Pro- ponents of Prop. 8 and ProtectMarriage.com—a ballot com- mittee under California law (together, “the…