Oral arguments in Kristin M. Perry, et al. v. Arnold Schwarzenegger, et al. will be heard by a panel of three judges of the United States Court of Appeals for the Ninth Circuit on Monday, December 6, 2010, beginning at 10:00 a.m. Pacific time, noon Central. The panel has given consent for live broadcast of the proceeding and the Law School will make this broadcast available in room 5.206 of the Susman Academic Center in Jones Hall. Refreshments will be available.
Perry v. Schwarzenegger challenges the federal constitutionality of Proposition 8, a 2008 ballot initiative that amended the California Constitution to provide that “only marriage between a man and a woman is valid or recognized in California.” The U.S. District Court for the Northern District of California found Proposition 8 unconstitutional under the due process and equal protection clauses of the Fourteenth Amendment to the Constitution, and entered an order permanently enjoining the enforcement of Proposition 8. The official proponents of Proposition 8 are appealing the district court’s judgment.
The panel has ordered that oral argument be divided into two hour-long sessions with a brief recess in between. In the first hour, the parties will address each appellant’s standing and any other procedural matters that may properly be raised. In the second hour, the parties will address the constitutionality of Proposition 8. (Please note that these times are subject to change should the judges allow time for additional questions.)
The Ninth Circuit has posted all the briefs, including numerous amici curiae briefs, on the Perry v. Schwarzenegger Challenge to “Proposition 8” page on their website.
Contact: Kirston Fortune, UT Law Communications Office, 512-471-7330, kfortune@law.utexas.edu