Quimbee logo
DMCA.com Protection Status
From our private database of 18,400+ case briefs...

Hollingsworth v. Perry

United States Supreme Court
133 S.Ct. 2652 (2013)



In 2008, the California Supreme Court held that prohibiting same-sex couples from getting married violated the state constitution’s equal protection clause. California voters passed a referendum known as “Proposition 8” that amended the state constitution to recognize a marriage only if between a man and a woman. The Supreme Court of California overruled a challenge to the amendment and held it was properly enacted. Two same-sex couples who wished to marry (plaintiffs) challenged the law in federal court against state and local officials, including the governor and attorney general (defendants). The officials refused to defend the suit, and the district court allowed the official proponents of the proposition (intervenors) to intervene and defend the law. The district court held the law unconstitutional and enjoined its enforcement. The officials did not appeal, but the intervenors appealed to the United States Court of Appeals for the Ninth Circuit, which certified a question to the California Supreme Court whether the intervenors had standing. The supreme court answered that the official proponents of the initiative were authorized under state law to defend the initiative, because the public officials had declined to do so. The Ninth Circuit thus concluded that the intervenors had standing to appeal under federal law. The Ninth Circuit affirmed the district court ruling on the merits, and the United States Supreme Court granted certiorari. The American Psychological Association and others filed an amicus brief on the merits, opining that homosexual parents are as likely as heterosexual parents to provide healthy environments for their children.

Rule of Law


Holding and Reasoning (Roberts, C.J.)

Dissent (Kennedy, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 497,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 497,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial