Hollingsworth v. Perry
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-144 | 9th Cir. | Mar 26, 2013 | Jun 26, 2013 | 5-4 | Roberts | OT 2012 |
Holding: The proponents of California"s ban on same-sex marriage did not have standing to appeal the district court"s order invalidating the ban.
Judgment: Vacated and remanded, 5-4, in an opinion by Chief Justice Roberts on June 26, 2013. Justice Kennedy filed a dissenting opinion, in which Justice Thomas, Justice Alito, and Justice Sotomayor joined.
SCOTUSblog Coverage
- The untold risks of the Supreme Courts same-sex marriage decisions (Tom Goldstein, September 19, 2013)
- "Proposition 8" case ends (Lyle Denniston, August 14, 2013)
- "Proposition 8" issue now ready (FURTHER UPDATED) (Lyle Denniston, August 4, 2013)
- Marriage dispute ready for ruling (UPDATED: Stay denied) (Lyle Denniston, July 15, 2013)
- New test of California same-sex marriages (SATURDAY UPDATE) (Lyle Denniston, July 13, 2013)
- Preview: Adam Liptak (& others) on the same-sex marriage cases (Ronald Collins, July 8, 2013)
- New same-sex marriage challenge fails (Lyle Denniston, June 30, 2013)
- Same-sex marriages start in California (UPDATED) (Lyle Denniston, June 28, 2013)
- Federalism and the authority of the states to define marriage (Eric Restuccia and Aaron Lindstrom, June 27, 2013)
- Key excerpts from the Proposition 8 ruling (Kevin Russell, June 27, 2013)
- The fate of same-sex marriage in California after Perry (Marty Lederman, June 27, 2013)
- The Court opts for an incremental approach but a major victory nonetheless (Paul Smith, June 26, 2013)
- Opinions recap: Giant step for gay marriage (Lyle Denniston, June 26, 2013)
- Details on Hollingsworth v. Perry: In Plain English (Amy Howe, June 26, 2013)
- A "view" from the Court: June 26, 2013 (Mark Walsh, June 26, 2013)
- A one-two punch to the nations most prominent antigay laws (Suzanne Goldberg, June 26, 2013)
- DOMA, Prop 8, and Justice Scalias intemperate dissent (Larry Tribe, June 26, 2013)
- Bad news for marriage, good news for government power (William Duncan, June 26, 2013)
- A home run but not a grand slam for gay-marriage advocates: In Plain English (Amy Howe, June 26, 2013)
- Taking sides on the meaning of marriage (Helen Alvaré, June 26, 2013)
- Next on the agenda for marriage equality litigators (Steve Sanders, June 26, 2013)
- Great expectations (Gerard Bradley, June 26, 2013)
- Revisiting the Court's several options in the California marriage case (Marty Lederman, March 29, 2013)
- Commentary: What might happen? (Erwin Chemerinsky, March 28, 2013)
- Reading tea leaves: Why the Court will uphold Proposition 8 (John Bursch, March 28, 2013)
- Commentary: Over the cliff? (Gerard Bradley, March 28, 2013)
- The relationship between DOMA and Proposition 8 (Tom Goldstein, March 27, 2013)
- Audio highlights from Proposition 8 oral argument (Kevin Amer, March 27, 2013)
- Argument recap: On marriage, Kennedy in control (Lyle Denniston, March 26, 2013)
- Reaching a judgment (Tom Goldstein, March 26, 2013)
- What will the Court do with Proposition 8? Today's oral argument in Plain English (Amy Howe, March 26, 2013)
- The Proposition 8 oral argument (Tom Goldstein, March 26, 2013)
- Court to tackle Californias ban on same-sex marriage: In Plain English (Amy Howe, March 25, 2013)
- Argument preview: Marriage and the Court's "friends" -- Part I (Lyle Denniston, March 24, 2013)
- New plea on "standing" on Proposition 8 (Lyle Denniston, March 19, 2013)
- Line-up of lawyers for marriage cases (Lyle Denniston, March 15, 2013)
- Divided argument on Proposition 8 (Lyle Denniston, March 15, 2013)
- The Court's five options in the California marriage case (Marty Lederman, March 1, 2013)
- U.S. endorses limited gay marriage right (Lyle Denniston, February 28, 2013)
- Separate DOMA arguments urged (Lyle Denniston, February 28, 2013)
- All-out assault on Proposition 8 (FINAL UPDATE) (Lyle Denniston, February 21, 2013)
- The single most significant thing about the topside briefs in the same-sex marriage cases [UPDATED] (Marty Lederman, February 13, 2013)
- Proposition 8: Will Verrilli follow Dellinger's lead? (UPDATED) (Lyle Denniston, February 6, 2013)
- Briefing schedule for same-sex marriage cases (Amy Howe, January 22, 2013)
- Understanding standing: The Courts Article III questions in the same-sex marriage cases (VII) (Marty Lederman, January 22, 2013)
- "Proposition 8" merits brief filed (Lyle Denniston, January 22, 2013)
- Prop. 8 plea: Stand-in for state OK (UPDATED) (Lyle Denniston, January 22, 2013)
- Understanding standing: The Courts Article III questions in the same-sex marriage cases (VI) (Marty Lederman, January 21, 2013)
- Understanding standing: The Courts Article III questions in the same-sex marriage cases (V) (Marty Lederman, January 20, 2013)
- Understanding standing: The Courts Article III questions in the same-sex marriage cases (IV) (Marty Lederman, January 19, 2013)
- Understanding standing: The Courts Article III questions in the same-sex marriage cases (III) (Marty Lederman, January 19, 2013)
- Understanding standing: The Courts Article III questions in the same-sex marriage cases (II) (Marty Lederman, January 18, 2013)
- Understanding standing: The Courts Article III questions in the same-sex marriage cases (I) (Marty Lederman, January 17, 2013)
- When 5,000 more words are too many (Lyle Denniston, January 14, 2013)
- Commentary on marriage grants: Marriage equalitys Cinderella moment (William Eskridge and Hans Johnson, December 9, 2012)
- Commentary on marriage grants: Different ways of splitting the difference the menu of options in Hollingsworth v. Perry (Kenji Yoshino, December 8, 2012)
- Commentary on marriage grants: Article III & same-sex marriage (Neal Devins and Tara Grove, December 8, 2012)
- Commentary on marriage grants: Opportunity for the Court to right some wrongs (William Duncan, December 7, 2012)
- On same-sex marriage, options open (Lyle Denniston, December 7, 2012)
- Petition of the day (Ben Cheng, September 28, 2012)
- Same-sex marriage symposium: The protean case against same-sex marriage (William Eskridge, September 20, 2012)
- Court review of Prop. 8 opposed (Lyle Denniston, August 25, 2012)
| Date | Proceedings and Orders |
|---|---|
| 07/30/2012 | Petition for a writ of certiorari filed. (Response due August 31, 2012) |
| 08/02/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Perry, Stier, Katami, and Zarillo. |
| 08/03/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners Hollingsworth, Knight, Gutierrez, Jansson, and ProtectMarriage.com |
| 08/10/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent City and County of San Francisco. |
| 08/24/2012 | Brief of respondents Kristin M. Perry, Sandra B. Stier, Paul T. Katami, and Jeffrey J. Zarrillo in opposition filed. |
| 08/24/2012 | Brief of respondent City and County of San Francisco in opposition filed. |
| 08/30/2012 | Brief amici curiae of Judge Georg Ress, and The Marriage Law Foundation filed. |
| 08/30/2012 | Brief amici curiae of William N. Eskridge, Jr., et al. filed. |
| 08/31/2012 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. |
| 08/31/2012 | Brief amici curiae of Public Advocate of the United States, et al. filed. |
| 08/31/2012 | Brief amici curiae of National Association of Evangelicals, et al. filed. |
| 08/31/2012 | Brief amicus curiae of American Civil Rights Union filed. |
| 08/31/2012 | Brief amici curiae of Judicial Watch, Inc., et al filed. |
| 08/31/2012 | Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed. |
| 08/31/2012 | Brief amicus curiae of Foundation for Moral Law filed. |
| 08/31/2012 | Brief amici curiae of Indiana, et al. filed. |
| 08/31/2012 | Brief amici curiae of Declaration Alliance & United States Justice Foundation filed. |
| 09/04/2012 | Reply of petitioners Dennis Hollingsworth, et al. filed. |
| 09/05/2012 | DISTRIBUTED for Conference of September 24, 2012. |
| 10/29/2012 | DISTRIBUTED for Conference of November 20, 2012. |
| 11/13/2012 | DISTRIBUTED for Conference of November 30, 2012. |
| 12/03/2012 | DISTRIBUTED for Conference of December 7, 2012. |
| 12/07/2012 | Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Whether petitioners have standing under Article III, |
| 12/12/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners |
| 12/12/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent City and County of San Francisco. |
| 01/07/2013 | SET FOR ARGUMENT ON Tuesday, March 26, 2013 |
| 01/07/2013 | Application (12A688) for leave to file petitioners' brief on the merits in excess of the word limit, submitted to Justice Kennedy. |
| 01/11/2013 | Application (12A688) denied by Justice Kennedy. |
| 01/18/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Perry, Steir, Katami, and Zarillo |
| 01/18/2013 | Record from U.S.C.A. for 9th Circuit is electronic. |
| 01/21/2013 | Brief amici curiae of Coalition of African American Pastors USA, et al.( 2nd REPRINT) filed. (Distributed) |
| 01/22/2013 | Joint appendix filed. (2 Volumes and Supplement). (Distributed) (Statement of costs filed) |
| 01/22/2013 | Brief of petitioners Dennis Hollingsworth, et al. filed. (Distributed) |
| 01/23/2013 | CIRCULATED. |
| 01/23/2013 | Brief amici curiae of David Benkof, et al. filed. (Distributed) |
| 01/24/2013 | Brief amicus curiae of Family Research Council filed. (Distributed) |
| 01/24/2013 | Brief amicus curiae of Dr. Paul McHugh (Merits) filed. VIDED. (Distributed) |
| 01/25/2013 | Brief amici curiae of Scholars of History and Related Disciplines filed. (Distributed) |
| 01/25/2013 | Brief amici curiae of Liberty, Life and Law Foundation, et al. (Merits) filed. VIDED. (Distributed) |
| 01/25/2013 | Brief amicus curiae of Westboro Baptist Church in support of neither party filed. (Distributed) |
| 01/25/2013 | Brief amicus curiae of Professor Daniel N. Robinson, Ph.D. filed. (Distributed) |
| 01/28/2013 | Brief amicus curiae of International Jurists and Academics (Merits) filed. VIDED. (Distributed) |
| 01/28/2013 | Brief amici curiae of Thomas More Law Center and Chuck Storey, Imperial County Clerk (Merits) filed. (Distributed) |
| 01/28/2013 | Brief amici curiae of National Association of Evangelicals, et al. filed. (Distributed) |
| 01/28/2013 | Brief amici curiae of thirty-seven scholars of federalism and judicial restraint filed. (Distributed) |
| 01/28/2013 | Brief amicus curiae of High Impact Leadership Coalition filed. (Distributed) |
| 01/28/2013 | Brief amicus curiae of Concerned Women for America filed. (Distributed) |
| 01/28/2013 | Brief amicus curiae of The Becket Fund for Religious Liberty (Merits) filed. VIDED. (Distributed) |
| 01/28/2013 | Brief amicus curiae of Lighted Candle Society filed. (Distributed) |
| 01/29/2013 | Record from U.S.D.C. for the Northern District of California. (10 Boxes) |
| 01/29/2013 | Brief amicus curiae of Coalition for the Protection of Marriage (Merits) filed. VIDED. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Foundation for Moral Law filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of United States Conference of Catholic Bishops filed. (Distributed) |
| 01/29/2013 | Brief amici curiae of Citizens United's National Committee for Family, Faith and Prayer, et al. filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Patrick Henry College filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed. (Distributed) |
| 01/29/2013 | Brief amici curiae of Robert P. George, et al. (Merits) filed. VIDED. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Parents and Friends of Ex-Gays & Gays (Merits) filed. VIDED. (Distributed) |
| 01/29/2013 | Brief amici curiae of Indiana, et al. filed. (Distributed). |
| 01/29/2013 | Brief amici curiae of Judicial Watch, Inc., et al filed. (Distributed) |
| 01/29/2013 | Brief amici curiae of Liberty Counsel, Inc. and Campaign for Children filed. |
| 01/29/2013 | Brief amici curiae of Catholic Answers, et al. (Merits) filed. VIDED. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Catholics for the Common Good and the Marriage Law Project filed. (Distributed) |
| 01/29/2013 | Brief amici curiae of Pacific Legal Foundation, et al. filed. (Distributed) |
| 01/29/2013 | Brief amici curiae of National Association of Evangelicals, et al. filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Matthew B. O'Brien (Merits) filed. VIDED. (Distributed) |
| 01/29/2013 | Brief amici curiae of Leon R. Kass, Harvey C. Mansfield and the Institute for Marriage and Public Policy filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Michigan filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Ethics and Public Policy Center filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Minnesota for Marriage filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Marriage Anti-Defamation Alliance filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Helen M. Alvare (Merits) (Distributed). filed. VIDED. |
| 01/29/2013 | Brief amici curiae of Social Science Professors. (Merits) filed. VIDED. (Distributed) |
| 01/29/2013 | Brief amicus curiae of David Boyle (Merits) filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of American Civil Rights Union (Merits) filed. VIDED. (Distributed) |
| 02/18/2013 | Brief amicus curiae of Rev. Rick Yramategui, et al. filed. |
| 02/21/2013 | Brief of respondents Kristin M. Perry, Sandra B. Stier, Paul T. Katami, and Jeffrey J. Zarrillo filed. (Distributed) |
| 02/21/2013 | Brief of respondent City and County of San Francisco filed. (Distributed) |
| 02/26/2013 | Brief amicus curiae of GLMA: Health Professionals Advancing LGBT Equality (Gay Lesbian Medical Association) concerning the immutability of sexual orientation filed. (Distributed) |
| 02/27/2013 | Brief amici curiae of Utah Pride Center, et al. filed. VIDED. (Distributed) |
| 02/27/2013 | Brief amici curiae of American Humanist Association and American Atheists, Inc., et al. filed. (Distributed) |
| 02/27/2013 | Brief amici curiae of Columbia Law School Sexuality & Gender Law Clinic, et al. filed. (Distributed) |
| 02/27/2013 | Brief amici curiae of Hon. Judith S. Kaye (Ret.), et al. filed. (Distributed) |
| 02/27/2013 | Brief amicus curiae of Marriage Equality USA filed. (Distributed) |
| 02/27/2013 | Brief amici curiae of Beverly Hills Bar Association, et al. filed. (Distributed) |
| 02/27/2013 | Brief amici curiae of Edward D. Stein, et al. filed. (Distributed) |
| 02/27/2013 | Brief amicus curiae of California filed. (Distributed) |
| 02/27/2013 | Brief amicus curiae of National Center for Lesbian Rights filed. (Distributed) |
| 02/27/2013 | Brief amici curiae of American Academy of Matrimonial Lawyers, et al. filed. (Distributed) |
| 02/27/2013 | Brief amici curiae of Jonathan Wallace, Meri Wallace, and Duncan Pflaster filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of International Human Rights Advocates filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of Kenneth B. Mehlman, et al. filed. (Distributed) |
| 02/28/2013 | Brief amicus curiae of Parents, Families and Friends of Lesbians and Gays, Inc. filed. (Distributed) |
| 02/28/2013 | Brief amicus curiae of Walter Dellinger filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of Bay Area Lawyers for Individual Freedom, et al. filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of Leadership Conference on Civil and Human Rights, et al. filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of American Psychological Association, et al. filed. (Distributed) |
| 02/28/2013 | Brief amicus curiae of Dr. Maria Nieto filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of Cato Institute and Constitutional Accountability Center filed. (Distributed) |
| 02/28/2013 | Brief amicus curiae of the United States filed. (Distributed) |
| 02/28/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 02/28/2013 | Brief amici curiae of American Anthropological Association, et al. filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of Political Science Professors filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of Anti-Defamation League, et al. filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of Adoption and Child Welfare Advocates filed. (Distributed) |
| 02/28/2013 | Brief amicus curiae of Gary J. Gates filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of Organization of American Historians and the American Studies Association filed. (Distributed) |
| 02/28/2013 | Brief amicus curiae of Equality California filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of National Organization for Women Foundation and the Feminist Majority Foundation filed. (Distributed) |
| 02/28/2013 | Brief amicus curiae of Southern Poverty Law Center filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of Foreign and Comparative Law Experts Harold Hongju Koh, et al. filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of Massachusetts, et al. filed. (Distributed) |
| 02/28/2013 | Brief amicus curiae of Survivors of Sexual Orientation Change Therapies filed. (Distributed) |
| 02/28/2013 | Brief amicus curiae of Howard University School of Law Civil Rights Clinic filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of William N. Eskridge, Jr., et al. filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of California Professors of Family Law filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of Chris Kluwe and Brendon Ayanbadejo filed. (Distributed) |
| 02/28/2013 | Brief amicus curiae of Women's Equal Rights Legal Defense and Education Fund filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of Bishops of the Episcopal Church in the State of California, et al. filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of California Assembly Speaker John A. Perez, et al. filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of California Council of Churches, et al. filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations, et al. filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of American Companies filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of California Teachers Association, et al. filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of Constitutional Law Scholars Bruce Ackerman, et al. filed. VIDED. (Distributed) |
| 02/28/2013 | Brief amicus curiae of American Sociological Association filed. VIDED (Distributed) |
| 02/28/2013 | Brief amici curiae of Family Equality Council, et al. filed. VIDED. (Distributed) |
| 02/28/2013 | Brief amici curiae of National Women's Law Center, et al. filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of Constitutional Law and Civil Procedure Professors Erwin Chermerinsky and Arthur Miller filed. (Distributed) |
| 02/28/2013 | Brief amicus curiae of American Jewish Committee filed. VIDED. (Distributed) |
| 02/28/2013 | Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. filed. (Distributed) |
| 02/28/2013 | Brief amicus curiae of Garden State Equality filed. (Distributed) |
| 03/15/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 03/19/2013 | Reply of petitioners Dennis Hollingsworth, et al. filed. (Distributed) |
| 03/26/2013 | Argued. For petitioners: Charles J. Cooper, Washington, D. C. For respondents: Theodore B. Olson, Washington, D. C.; and Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| 06/26/2013 | Judgment VACATED and case REMANDED. Roberts, C.J., delivered the opinion of the Court, in which Scalia, Ginsburg, Breyer, and Kagan, JJ., joined. Kennedy, J., filed a dissenting opinion, in which Thomas, Alito, and Sotomayor, JJ., joined. |
| 06/29/2013 | Application (13A18) to vacate order entered by the United States Court of Court Appeals for the Ninth Circuit on June 28, 2013, submitted to Justice Kennedy. |
| 06/30/2013 | Application (13A18) denied by Justice Kennedy. |
| 07/29/2013 | JUDGMENT ISSUED. |
| 07/30/2013 | Record returned to U.S.D. C. for the Norhtern District of California. |
Disclosure: Tejinder Singh of the law firm Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, was among the counsel on an amicus brief filed by international human rights advocates in support of the respondents in this case.
Holding: The proponents of California”s ban on same-sex marriage did not have standing to appeal the district court”s order invalidating the ban.
Judgment:”Vacated and remanded, 5-4, in an opinion by Chief Justice Roberts on June 26, 2013. Justice Kennedy filed a dissenting opinion, in which Justice Thomas, Justice Alito, and Justice Sotomayor joined.