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Perry v. Schwarzenegger

United States District Court for the Northern District of California
704 F. Supp. 2d 921 (N.D. Cal. 2010)


California (defendant) enacted Proposition 8, which stated that only marriage between a man and a woman was valid and recognized in California. Two same-sex couples (plaintiffs) were denied marriage licenses in California under this law and could only enter into domestic partnerships. The plaintiffs brought suit on the grounds that the law deprived the plaintiffs of due process and equal protection of the laws. The proponents of Proposition 8 intervened to argue that the law advanced the state interests of: (1) preserving the tradition of marriage as between a man and a woman, (2) implementing social change slowly and incrementally, (3) promoting opposite-sex parenting in the best interests of children, (4) protecting the First Amendment rights of individuals opposed to same-sex marriage, and (5) treating same-sex marriage differently from opposite-sex marriage.

Rule of Law


Holding and Reasoning (Walker, C.J.)

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