Legal Opinion

Perry v. Brown

Court of Appeals for the Ninth Circuit

Decided February 7, 2012No. 10-16696, 11-16577PublishedCited by 55 opinions

1Opinion of the Court

OPINION

REINHARDT, Circuit Judge:

Prior to November 4, 2008, the California Constitution guaranteed the right to marry to opposite-sex couples and same-sex couples alike. On that day, the People of California adopted Proposition 8, which amended the state constitution to eliminate the right of same-sex couples to marry. We consider whether that amendment violates the Fourteenth Amendment to the United States Constitution. We conclude that it does.

Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason…

2Cases cited81 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  3. City of Los Angeles v. LyonsSupreme Court of the United States · 1983
  4. Griswold v. ConnecticutSupreme Court of the United States · 1965
  5. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936

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3Cited by55 opinions

  1. Hollingsworth v. PerrySupreme Court of the United States · 2013
  2. Obergefell v. HodgesSupreme Court of the United States · 2015
  3. Miller v. Redwood Toxicology Laboratory, Inc.Court of Appeals for the Eighth Circuit · 2012
  4. Windsor v. United StatesCourt of Appeals for the Second Circuit · 2012
  5. De Leon v. PerryDistrict Court, W.D. Texas · 2014

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