Proposition 8 Cases

If you are having trouble viewing the video, see “How do I access audio and video files”.

Tuesday, May 26

The Supreme Court has issued a written opinion in the three cases challenging the constitutionality of Proposition 8.

Opinion: Strauss v. Horton 05/69/09, Docket #S168047 (PDF)
News Release (PDF)

Petitions for Rehearing

S168047; S168066; S168078
Request for Judicial Notice in Support of Petition for Rehearing
Filed by Karen L. Strauss, et al., Petitioners
Petition for Rehearing
Filed by Karen L. Strauss, et al., Petitioners
Petition for Rehearing
Filed by the City and County of San Francisco, et al.

Responses to Amicus Curiae Briefs

S168047, S168066 & S168078
Attorney General's Response to Amicus Curiae Briefs
Interveners' Answer to Amicus Curiae Briefs and Response to Pages 75-90
Petitioners', Karen Strauss et al., Answer to Amicus Curiae Briefs
City and County of SF Consolidated Answer to Amicus Curiae Briefs

Amicus Curiae Briefs

January 16, 2009

S168047, S168066, S168078
Attorneys for Anti-Defamation League et al., in Support of Petitioners
Individual Chapman University Organizations et al., in Support of Petitioners
California Teachers Association in Support of Petitioners Vol. II
California Teachers Association in Support of Petitioners Vol. I
Professors of State Constitutional Law in Support of Petitioners
Margie Reilly in Support of Interveners
The Constitutional Law Center of the Monterey College of Law in Support of Petitioners
Steven Mattos et al., in Support of Petitioners
County of San Francisco and Karen L. Strauss in Support of Petitioners City of Berkeley, et al., in Support of Petitioners
Religious Society of Friends in Support of Petitioners
The California Catholic Conference et al., in Support of Interveners
Reverend Dr. Frank M. Alton et al., in Support of Petitioners
Current and Former California Legislators in Support of Petitioners
California Council of Churches et al., in Support of Petitioners
The Fidelis Center for Law and Policy in Support of Interveners
Family Research Council in Support of Interveners
Faith in America Inc. in Support of Petitioners
San Francisco La Raza Lawyers Association in Support of Petitioners
Professor Karl M. Manheim in Support of Petitioners
Pacific Justice Institute in Support of Interveners
Eagle Forum Education and Legal Defense Fund in Support of Interveners
Marriage Equality USA In Support of Petitioners
James T. Linford in Support of Petitioners
Human Rights Watch et al., in Support of Petitioners
Professors of Law Opposing Issue #3
John Emmanuel Domine et al., in Support of Petitioners
Asian Pacific American Legal Center et al., in Support of Petitioners
Suspect Class Californians in Support of Petitioners
National Organization for Marriage California in Support of Interveners
Catholic Answers in Support of Proponent Interveners
Alameda County Bar Association et al., In Support of Petitioners
C. Edwin Baker et al., in Support of Petitioners
William N. Eskridge Jr. and Bruce E. Cain in Support of Petitioners
Professors of Family Law in Support of Petitioners
Samuel Rodrigues in Support of Respondents
The National Legal Foundation in Support of Respondents and Interveners
Steven Meiers in Opposition to Amended Petition
Constitutional and Civil Rights Law Professors in Support of Petition
The Civil Rights Forum in Support of Petitioners
Kingdom of Heaven
J. Rae Lovko and Jason E. Hasley in Support of Petitioners
Association of Certified Family Law Specialists et al.,
League of Women Voters of California in Support of Petitioners

January 15, 2009

S168047, S168066, S168078
San Francisco Chamber of Commerce et al., in Support of Petitioners
Beverly Hills Bar Association et al., in Support of Petitioners
Our Family Coalition and Colage Motion for Judicial Notice
Our Family Coalition and Colage in Support of Petitioners
Love Honor Cherish
Children's Law Center of Los Angeles et al., in Support of Petitioners
American Center for Law and Justice and Three Members of the U.S. Congress
Billy DeFrank LGBT Community Center et al.,
Campaign for California Families in Support of Interveners
Appendix in Support of Amicus Curiae Brief of Individual Chapman University Organizations et al.,
CA National Organization for Women and The Feminist Majority
Request for Judicial Notice by California National Organization for Women et al.,
Sacramento Lawyers for Equality of Gays and Lesbians in Support of Petitioners
Equal Rights Advocates and California Law Groups in Support of Petitioners
Jewish Family Service of Los Angeles in Support of Petitioners
Council of Churches, et al., in Support of Petitioners
Archbishop Mark Steven Shirilau in Support of Petitioners
California Federation of Labor, AFL-CIO, et al., Support of Petitioners
The Church of the Messiah in Support of Proposition 8
Michael J. McDermott in Support of Proposition 8

[ Top of Page ]

Supreme Court Orders

February 3, 2009
S168047, S168066, S168078

December 22, 2008
S168047, S168066, and S168078

November 20, 2008
S168047, S168066, and S168078
S168281
S168302
S168332

November 19, 2008
S168047, S168066, and S168078

[ Top of Page ]

News Releases

Supreme Court Rejects Challenges to Prop. 8, But Finds Existing Marriages of Same-Sex Couples Valid (PDF) (May 26, 2009)

Supreme Court to Hear Oral Arguments in Prop. 8 Cases on March 5, 2009 (PDF) (February 3, 2009)

Supreme Court Issues New Order in Proposition 8 Cases (PDF) (December 22, 2008)

Supreme Court Issues Orders in Proposition 8 Cases (PDF) (November 20, 2008)

California Supreme Court Takes Action on Proposition 8 (PDF) (November 19, 2008)

[ Top of Page ]

S168047
KAREN L. STRAUSS, et al., Petitioners v. MARK B. HORTON, et al.

January 7, 2009 filings


• Corrected Reply in Support of Petition for Extraordinary Relief
  Filed by Karen L. Strauss, et al., Petitioners

January 6, 2009 filings


• Letter from Counsel for Petitioners Regarding Corrected Reply
  Filed by Mark R. Conrad
• Application to Substitute Corrected Reply; Declaration of Mark R. Conrad in Support Thereof
  Filed by Karen L. Strauss, et al., Petitioners

January 5, 2009 filings


• Reply in Support of Petition for Extraordinary Relief
  Filed by Petitioners Karen L. Straus et al.,
• Interveners' Response to Pages 75-90 of the Attorney General's Answer Brief
  Filed by Dennis Hollingsworth et al., Interveners

December 19, 2008 filings


• Request for Judicial Notice in Support of Interveners' Opposition Brief
  Filed by Dennis Hollingsworth et al., Interveners
• Interveners' Opposition Brief
  Filed by Dennis Hollingsworth et al., Interveners
• Answer to Amend Petition
  Filed by Dennis Hollingsworth et al., Interveners
• Substitution of Counsel by Respondents
  Filed by Dennis Hollingsworth et al., Interveners
• Answer Brief in Response to Petition
  Filed by Edmund G. Brown, Attorney General, Respondents
• Respondent's Answer to Amended Petition
  Filed by Edmund G. Brown, Attorney General, Respondents
• Respondent's Request for Judicial Notice in Support of Answer Brief
  Filed by Edmund G. Brown, Attorney General, Respondents

November 19, 2008 filings


• Proposed Intervener Campaign for California Families' Preliminary Opposition
  Filed by Campaign for California Families

November 18, 2008 filings


• Petitioners' Opposition to Motion of Campaign for California Families to Intervene as Respondent
  Filed by Petitioners Karen L. Straus et al.,

November 17, 2008 filings


• Motion to Intervene as Real Party in Interest by Proposition 8 Official Proponents, et al,
  Filed by Proposition 8 Official Proponents et al.,
• Request for Judicial Notice by Proposition 8 Official Proponents et al,
  Filed by Proposition 8 Official Proponents et al.,
• Preliminary Opposition of Proposed Intervener Real Party in Interest to Amended Petition for Extraordinary Relief, Including Writ of Mandate and Request for Immediate Injunctive Relief
  Filed by Proposition 8 Official Proponents et al.,
• Respondents' Preliminary Response to Petition for Extraordinary Relief, Including Writ of Mandate and Request for Immediate Injunctive Relief
  Filed by Mark D. Horton et al.,

November 10, 2008 filings


• Motion by Campaign for California Families to Intervene as Respondent
  Filed by Campaign for California Families

November 5, 2008 filings


• Amended Petition for Extraordinary Relief, Including Writ of Mandate and Request
  Filed by Petitioners Karen L. Straus et al.,
• Petitioner's Appendix of Exhibits in Support of Petition
  Filed by Petitioners Karen L. Straus et al.,
• Petitioners' Motion for Judicial Notices
  Filed by Petitioners Karen L. Straus et al.,

S168066
ROBIN TYLER, et al., Petitioners v. STATE OF CALIFORNIA, et al.

January 5, 2009 filings


• Reply Brief of the Tyler-Olsen Petitioners Regarding Issues Specified in the Supreme Court's Order Filed November 19, 2008
  Filed by Robin Tyler et al.,
• Tyler-Olson Petitioners for Permission to File a Reply Brief
  Filed by Robin Tyler et al.,
• Interveners' Response to Pages 75-90 of the Attorney General's Answer Brief
  Filed by Dennis Hollingsworth et al., Interveners

December 19, 2008 filings


• Answer Brief in Response to Petition
  Filed by Edmund G. Brown, Attorney General, Respondents
• Respondent's Answer to Amended Petition
  Filed by Edmund G. Brown, Attorney General, Respondents
• Respondent's Request for Judicial Notice in Support of Answer Brief
  Filed by Edmund G. Brown, Attorney General, Respondents

November 19, 2008 filings


• Proposed Intervener Campaign for Preliminary Opposition to Petitions
  Filed by Robin Tyler et al.,

November 17, 2008 filings


• Motion to Intervene as Real Parties in Interest by Proposition 8 Official Proponents
  Filed by Proposition 8 Official Proponents et al.,
• Request for Judicial Notice by Proposed Intervener Real Party in Interest Proposition 8 Official Proponents
  Filed by Robin Tyler et al.,
• Preliminary Opposition of Proposed Intervener Real Party in Interest to amended Petition for Writ of Mandamus, Prohibition, and Request for Immediate Stay
  Filed by Proposition 8 Official Proponents et al.,
• Respondents, State of California, et al., Response to Petition for Extraordinary Relief, Including Writ of Mandate and Request for Immediate Injunctive Relief
  Filed by Respondents State of California et al.,
• Respondents, Debra Bowen's Preliminary Response to Petition for Extraordinary Relief, Including Writ of Mandate and Request for Immediate Injunctive Relief
  Filed by Debra Bowen

November 10, 2008 filings


• Motion to Intervene
  Filed by Campaign for California Families

November 6, 2008 filings


• Amended Petition
  Filed by Petitioners Robin Tyler et al.,

November 5, 2008


• Immediate Stay Request
  Filed by Robin Tyler et al.,

S168078
CITY AND COUNTY OF SAN FRANCISCO et al. Petitioners v. MARK B. HORTON, et al.

January 8, 2009 filings


• Petitioners’ Corrected Reply Brief
  Filed by petitioners, City and County of San Francisco et al.,
• Application to Substitute Corrected Reply Brief
  Filed by petitioners, City and County of San Francisco et al.,

January 5, 2009 filings


• Exhibits in Support of Reply of City and County of San Francisco, et al.
  Filed by City and County of San Francisco, et al., Petitioners
• Reply of City and County of San Francisco, et al.
  Filed by City and County of San Francisco, et al., Petitioners
• Interveners' Response to Pages 75-90 of the Attorney General's Answer Brief
  Filed by Dennis Hollingsworth et al., Interveners

December 19, 2008 filings


• Substitution of Counsel by Respondents
  Filed by Mark B. Horton and Linette Scott, Respondents
• Letter to Clerk
  Received from Kenneth C. Mennemeier counsel for respondents Mark B. Horton and Linette Scott
• Answer Brief in Response to Petition
  Filed by Edmund G. Brown, Attorney General, Respondents
• Answer to Second Amend Petition for Writ of Mandate
  Filed by Mark B. Horton and Linette Scott, Respondents
• Respondent's Answer to Amended Petition
  Filed by Edmund G. Brown, Attorney General, Respondents
• Respondent's Request for Judicial Notice in Support of Answer Brief
  Filed by Edmund G. Brown, Attorney General, Respondents
• Interveners' Opposition Brief
  Filed by Dennis Hollingsworth et al., Interveners

November 19, 2008 filings


• Proposed Intervener Campaign for California Families' Preliminary Opposition to Petition for Extraordinary Relief
  Filed by Campaign for California Families

November 17, 2008 filings


• Motion to Intervene as Real Parties in Interest by Proposition 8 Official Proponents
  Filed by Proposition 8 Official Proponents et al.,
• Request for Judicial Notice by Proposed Intervener Real Party in Interest, Proposition 8 Office Proponents
  Filed by Proposition 8 Official Proponents
• Preliminary Opposition of Proposed Intervener Real Party in Interest to amended Petition for Writ of Mandamus, Prohibition, and Request for Immediate Stay
  Filed by Proposition 8 Official Proponents et al.,
• Respondents Preliminary Response to Petition for Extraordinary Relief, Including Writ of Mandate and Request for Immediate Injunctive Relief
  Filed by Mark D. Horton et al.,

November 13, 2008 filings


• Amended Petition for Writ of Mandate
  Filed by Petitioners City and County of San Francisco et al.,

November 10, 2008 filings


• Motion by Campaign for California Families to Intervene as Respondent
  Filed by Campaign for California Families

November 5, 2008 filings


• Petition for Writ of Mandate
  Filed by Petitioners City and County of San Francisco et al.,

S168281
ASIAN PACIFIC AMERICAN LEGAL CENTER, et al., Petitioners v. MARK B. HORTON, et al.

• Petition for Writ of Mandate
• Motion to Appear as Counsel Pro Hac Vice
• Motion by Campaign to Intervene

S168302
EQUAL RIGHTS ADVOCATES AND CALIFORNIA WOMEN'S LAW CENTER, Petitioners v. MARK B. HORTON, et al.

• Petition for Writ of Mandate
• Motion for Judicial Notice in Support of Petition
• Motion by Campaign to Intervene

S168332
CALIFORNIA COUNCIL OF CHURCHES, et al., Petitioners v. MARK B. HORTON, et al.

• Petition for Writ of Mandate
• Motion by Campaign to Intervene

[ Top of Page ]

For previous marriage cases, please visit the High Profile Case section.