Perry

Case: 09-17241 12/30/2009 Page: 1 of DktEntry: 7179397

FILED

FOR PUBLICATION DEC 30 2009

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

KRISTIN M. PERRY; SANDRA B. No. 09-17241

STIER; PAUL T. KATAMI; JEFFREY

J. ZARRILLO, D.C. No. 3:09-cv-02292-VRW

Plaintiffs - Appellees,

ORDER

and

CITY AND COUNTY OF SAN

FRANCISCO,

Plaintiff-intervenor,

v.

ARNOLD SCHWARZENEGGER, in his official capacity as Governor of California; EDMUND G. BROWN, Jr., in his official capacity as Attorney General of California; MARK B. HORTON in his official capacity as Director of the California Department of Public Health & State Registrar of Vital Statistics; LINETTE SCOTT, in her official capacity as Deputy Director of Health Information & Strategic Planning for the California Department of Public Health; PATRICK O’CONNELL, in his official capacity as Clerk-Recorder for the County of Alameda; DEAN C. LOGAN, in his official capacity as Registrar- Case: 09-17241 12/30/2009 Page: 2 of DktEntry: 7179397

Page…