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Hollingsworth v. Perry
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Hollingsworth v. Perry : ウィキペディア英語版
Hollingsworth v. Perry

''Hollingsworth v. Perry'' refers to a series of United States federal court cases that legalized same-sex marriage in the State of California. The case began in 2009 under the name ''Perry v. Schwarzenegger'' in the U.S. District Court for the Northern District of California, where Judge Walker ruled that banning same-sex marriage violates equal protection under the law. This decision overturned the ballot initiative Proposition 8, which had banned same-sex marriage. After two governors of California, Arnold Schwarzenegger and Jerry Brown, refused to defend Proposition 8, same-sex marriage opponents appealed to the Supreme Court. It reached the United States Supreme Court as ''Hollingsworth v. Perry'', who held that in line with prior precedent, the official sponsors of a ballot initiative measure did not have Article III standing to appeal an adverse federal court ruling when the state refused to do so.
The salient effect of the ruling was that same-sex marriage in California resumed under the district court trial decision from 2010. The case was docketed with the Supreme Court at 570 U.S. ___ (2013) (Docket No. (12-144 ))''. ''During the time that Jerry Brown was governor, the case was known as ''Perry v. Brown''.
== Background ==
In May 2008, the California Supreme Court held in the case ''In re Marriage Cases'' that state statutes limiting marriage to opposite-sex applicants violated the California Constitution. The following month, same-sex couples were able to marry in California. In November 2008, California's electorate adopted Proposition 8, a constitutional amendment that restored the opposite-sex limitation on marriage. Following the adoption of Proposition 8, several lawsuits were filed that challenged the validity of the amendment under various state constitutional provisions.〔(【引用サイトリンク】 title =Prop 8 proponents seek to nullify same-sex marriages )〕 On May 26, 2009, the California Supreme Court held, in ''Strauss v. Horton'', that Proposition 8 was a lawful enactment, but that same-sex marriages contracted before its passage remained valid. The National Center for Lesbian Rights had originally obtained the right to same-sex marriage in California in ''In re Marriage Cases'' and defended it in ''Strauss v. Horton."
Three days before the ''Strauss'' decision, the American Foundation for Equal Rights (AFER) filed suit in the U.S. District Court for the Northern District of California to challenge the validity of Proposition 8 on behalf of two same-sex couples. The couples' legal team was led by David Boies and former U.S. Solicitor General Theodore Olson, who had previously opposed each other in ''Bush v. Gore'' (Boies representing Al Gore and Olson representing George W. Bush), the case that effectively decided the 2000 presidential election. They were listed on the 2010 ''Time'' 100 for "their nonpartisan and strong legal approach to challenging Proposition 8."
Lambda Legal and the American Civil Liberties Union (ACLU) opposed the filing because they felt a federal challenge at this time might do more harm than good.〔 Olson and AFER rebuffed this argument and defended the timing of the lawsuit.
Following a pre-trial hearing on July 2, 2009, the three legal groups moved to intervene in the lawsuit, as did the City of San Francisco in a separate filing. The plaintiffs opposed allowing the groups or the City to intervene. On August 19, Judge Walker denied the legal groups' motions to intervene but granted the City's, albeit in a limited capacity. Despite the other groups' failed attempt to intervene in the lawsuit, they offered support to the legal team litigating the case, with James Esseks of the ACLU saying: "()e are interested in doing whatever we can to make sure their case is as successful as possible".〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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