Kristin Perry v. Arnold Schwarzenegger

BACKGROUND

In May 2009, six months after Californians adopted Propo- sition 8, Plaintiffs brought this action in district court “for declaratory and injunctive relief against the enforcement of Prop. 8.” They named as defendants, all in their official capacities, the Governor of the State of California, the Attor- ney General of the State of California, the Director of the Cal- ifornia Department of Public Health (who serves as the State Registrar of Vital Statistics), the Deputy Director of Health PERRY v. SCHWARZENEGGER 605 Information & Strategic Planning for the California Depart- ment of Public Health, the Clerk-Registrar for the County of Alameda, and the Registrar-Recorder/County Clerk for the County of Los Angeles (“Defendants”). Plaintiffs specifically requested that the court “construe Prop. 8 and enter a declara- tory judgment stating that this law and any other California law that bars same-sex marriage violate[s]” the federal Con- stitution, and that the court “enter a preliminary and a perma- nent injunction enjoining enforcement or application of Prop. 8 and any other California law that bars same-sex marriage.” The Defendants refused to…