hollingsworth v perry citation

For example, the NAE and several supporting religious organizations explain that their religions “extol the personal, familial, and social virtues of traditional marriage,” while “condemning hatred and mistreatment of homosexuals.” NAE frames religious and moral support for traditional marriage as a rational position in an honest debate and argues that the debate should be resolved through democratic processes like state ballot initiatives, rather than by judicial decision. As this Court has repeatedly held, such a “generalized grievance”—no matter how sincere—is insufficient to confer standing. The Ninth Circuit concluded that “taking away the official designation” of “marriage” from same-sex couples, while continuing to afford those couples all the rights and obligations of marriage, did not further any legitimate interest of the State. We are asked to stay the broadcast of a federal trial. §§9607–9609. Both petitioners and respondents seek support from dicta in Arizonans for Official English v. Arizona, CITATION: 570 US (2013) GRANTED: Dec 07, 2012 ARGUED: Mar 26, 2013 DECIDED: Jun 26, 2013. Unlike California’s elected officials, they have taken no oath of office. In May 2009, after Proposition 8 was passed, Kristin Perry and Sandra Stier, and Paul Khatami and Jeffrey Carrillo, were denied marriage licenses in the Los Angeles County area in California because they are same-sex couples. that is sufficient to establish ‘concrete adverseness.’” (citations omitted)); Camreta v. Greene, 563 U.S. 692, 701 (2011) (stating that both parties must maintain stake in outcome throughout litigation). Pp. Fourteenth Amendment, and naming as defendants California’s Governor and other state and local officials responsible for enforcing California’s marriage laws. the constitutionality of initiatives made law of the State.’ ” 52 Cal. 484 U. S., at 75, 81–82. Id., at 65 (footnote omitted). The Court apparently believes that elected officials are acceptable “agents” of the State, see ante, at 11–12, but they are no more subject to ongoing supervision of their principal—i.e., the people of the State—than are initiative proponents. The United States Supreme Court will now consider whether a state can define marriage solely as the union of a man and a woman, in addition to considering whether the proponents of Proposition 8 have standing to bring suit in federal court. v. KRISTIN M. PERRY . The Alaska Supreme Court reached a similar unanimous result in Alaskans for a Common Language Inc., v. Kritz, 3 P. 3d 906 (2000). Hollingsworth v. Perry Citation: 558 U.S. 183 Court: US Supreme Court Date: January 19, 2010 https://supreme.justia.com/cases/federal/us/558/183/ To vindicate that interest or any other, a State must be able to designate agents to represent it in federal court. Overcoming the Hollingsworth v. Perry Defensive Standing Obstacle when State Executives Decline to Defend Colton W. Givens University of Kentucky Follow this and additional works at:https://uknowledge.uky.edu/klj Right click to open a feedback form in a new tab to let us know how this document benefits you. Petitioners have no role—special or otherwise—in the enforcement of Proposition 8. 705, 175 L.Ed.2d 657, 78 USLW 4044, 38 Media L. Rep. 1097... © 2013 Thomson Reuters. Here, Proposition 8 was a ballot initiative and constitutional amendment (rather than a statute), and Hollingsworth and his fellow petitioners were official proponents of Proposition 8 (not legislators); but Hollingsworth contends that California courts routinely permit the official proponents of an initiative to appear in defense of that initiative in Court. Code Ann. A prime purpose of justiciability is to ensure vigorous advocacy, yet the Court insists upon litigation conducted by state officials whose preference is to lose the case. . cannot rest a claim to relief on the legal rights or interests of third parties.” Powers v. Ohio, As petitioners put it, they “need no more show a personal injury, separate from the State’s indisputable interest in the validity of its law, than would California’s Attorney General or did the legislative leaders held to have standing in Karcher v. May, 4th, at 1152, 265 P. 3d, at 1024. That party must also have “standing,” which requires, among other things, that it have suffered a concrete and particularized injury. They argued instead that “no other party in this case w[ould] adequately rep-resent their interests as official proponents.” Motion to Intervene in No. More to the point, the most basic features of an agency relationship are missing here. 468 U. S. 737, All that the California Supreme Court decision stands for is that, so far as California is concerned, petitioners may argue in defense of Proposition 8. III’s requirements.” Diamond, supra, at 62. Petitioners are also plainly not agents of the State. Already, LLC v. Nike, Inc., 568 U. S. ___, ___ (2013) (slip op., at 4) (internal quotation marks omitted). 671 F. 3d, at 1076, 1095. Upon submitting the proposed initiative to the attorney general, petitioners became the official “proponents” of Proposition 8. In 2000, California voters adopted Proposition 22, which amended the state’s Family Code to provide that “only marriage between a man and a woman is valid or recognized in California.” In May 2008, the California Supreme Court invalidated Proposition 22, finding that it violated the due-process and equal-protection guarantees of the California Constitution. Table of Contents. (“The party who invokes the [judicial] power must be able to show . That historic role for the initiative system “grew out of dissatisfaction with the then governing public officials and a widespread belief that the people had lost control of the political process.” Ibid. The court below agreed: “All a federal court need determine is that the state has suffered a harm sufficient to confer standing and that the party seeking to invoke the jurisdiction of the court is authorized by the state to represent its interest in remedying that harm.” 671 F. 3d, at 1072. Requirements for Initiatives After Hollingsworth v. Perry Scott L. Kafker David A. Russcol Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Law and Politics Commons, and the Legislation Commons Recommended Citation Scott L. Kafker and David A. Russcol, Standing at a Constitutional Divide: Redefining State and Federal … Petitioners distinguish this case from Arizonans for Official English v. Arizona—in which the Supreme Court expressed “grave doubts” about the standing of Arizonan initiative sponsors—noting that here, as opposed to Arizona, California law does grant standing to initiative supporters. §9001(b)(2). Opinion (Roberts), Dissent (Kennedy). Perry claims that Proposition 8 creates unequal access to marriage based on sexual orientation. There are reasons, however, why California might conclude that a conventional agency relationship is inconsistent with the history, design, and purpose of the initiative process. The dissent’s remaining cases, which at least consider standing, are readily distinguishable. . That qui tam actions and “next friend” litigation may have a longer historical pedigree than the initiative process, see ante, at 12–13, is no basis for finding Article III’s standing requirement met in those cases but lacking here. At most, a Governor or attorney general can be recalled or voted out of office in a subsequent election, but proponents, too, can have their authority terminated or their initiative overridden by a subsequent ballot measure. Pp. See §§9607–9609 (West Cum. DENNIS HOLLINGSWORTH, et al., PETITIONERS v. KRISTIN M. PERRY et al. Respondents no longer had any injury to redress—they had won—and the state officials chose not to appeal. “All a federal court need determine is that the state has suffered a harm sufficient to confer standing and that the party seeking to invoke the jurisdiction of the court is authorized by the state to represent its interest in remedying that harm.” 671 F. 3d, at 1072. 4th 1116, 1127, 265 P. 3d 1002, 1007 (2011). Later that year, California voters passed the ballot initiative at the center of this dispute, known as Proposition 8. Vuitton et Fils S. A., ON APPLICATION FOR STAY [January 13, 2010] PER CURIAM. Hollingsworth v. Perry. Const., Art. In this case, the United States Supreme Court will consider whether a state can define marriage solely as the union of a man and a woman and whether the proponents of Proposition 8 have standing to bring suit in federal court. And petitioners are plainly not agents of the State—“formal” or otherwise, see post, at 7. 485 U. S. 693, As one amicus explains, “the proponents apparently have an unelected appointment for an unspecified period of time as defenders of the initiative, however and to whatever extent they choose to defend it.” Brief for Walter Dellinger 23. The California Supreme Court agreed to decide the certified question, and answered in the affirmative. But standing in federal court is a question of federal law, not state law. See Cal. Perry argues that prohibiting same-sex couples from entering into relationships designated as “marriage” is not rationally related to the state’s interest in channeling more opposite-sex couples into marriage. Ante, at 8. And no matter its reasons, the fact that a State thinks a private party should have standing to seek relief for a generalized grievance cannot override our settled law to the contrary. 137 (1986) Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. See also Prov-idence Journal, supra, at 698–707 (recognizing further control exercised by the Solicitor General over special prosecutors). . In Implied Public Rights of Action, I explored judicially implied rights of action in favor of governments.See Seth Davis, Implied Public Rights of Action, 114 COLUM. Thus, Perry argues that the law should be subjected to heightened scrutiny because gay men and lesbians share many characteristics with other recognized suspect classes. on writ of certiorari to the united states court of appeals for the ninth circuit. 2d 921, 1004 (ND Cal. The intervenors had not been ordered to do or refrain from doing anything. I, §7.5. 499 U. S. 400, This Court, in determining the substance of state law, is “bound by a state court’s construction of a state statute.” Wisconsin v. Mitchell, 43 Cal. The dissent’s primary authorities, in fact, do not discuss standing at all. The American Psychological Association (“APA”) and several supporting medical and social welfare organizations assert that homosexuality is immutable and that gay men and lesbians form stable, committed relationships; deserve the social, psychological, and health benefits of marriage; and are as fit and capable of parenting as heterosexuals. . 1. Perry points to the fact that in light of the California Supreme Court’s decision in In re Marriage Cases recognizing a state right to marriage for same-sex couples, the only effect of Proposition 8 was to eliminate the ability of same-sex couples to marry in California. Although most standing cases consider whether a plaintiff has satisfied the requirement when filing suit, Article III demands that an “actual controversy” persist throughout all stages of litigation. “An essential element of agency is the principal’s right to control the agent’s actions.” 1 Restatement (Third) of Agency §1.01, Comment f (2005) (hereinafter Restatement). The State initially defended the law, and Diamond, a professed “conscientious object[or] to abortions,” in-tervened to defend it alongside the State. Kennedy, J., filed a dissenting opinion, in which Thomas, Alito, and Sotomayor, JJ., joined. 477 U. S. 131, Perry asserts that gay men and lesbians have faced and continue to face severe discrimination, citing the fact that in twenty-nine states it is legal to fire an employee and deny housing on the basis of sexual orientation. We do not “disrespect[ ]” or “disparage[ ]” those reasons. It was their “unique legal status” as official proponents—not an agency relationship with the people of California—that petitioners claimed “endow[ed] them with a significantly protectable interest” in ensuring that the District Court not “undo[ ] all that they ha[d] done in obtaining . In re Marriage Cases, 43 Cal. As a consequence, California finds it necessary to vest the re- sponsibility and right to defend a voter-approved initiative in the initiative’s proponents when the State Executive declines to do so. The question then would become how broadly Walker’s ruling would apply. . … The legislators lost their leadership positions, but nevertheless sought to appeal to this Court. The intervenors appealed. Having gone to great lengths to convince voters to enact an initiative, they have a stake in the outcome and the necessary commitment to provide zealous advocacy. Elec. 2013) (obtaining pe- tition signatures); §9001(c) (monetary fee); §§9065(d), 9067, 9069 (West 2003) (drafting arguments for official ballot pamphlet). In considering the question of standing, the Court looked to New Jersey law to determine whether Karcher and Orechio “had authority under state law to represent the State’s interest in both the District Court and Court of Appeals.” Id., at 82. Petitioners have no role—special or otherwise—in its enforcement. App. Post, at 12. The Court’s ruling will implicate the rights of gay men and lesbians, the role of the government in structuring family and society, and the relationship between the institution of marriage and religion and morality. See generally Matthew I. Hollingsworth asserts that Proposition 8 is rationally related to the government’s interest in promoting responsible procreation and childrearing. §9032. After the Seventh Circuit affirmed a permanent injunction against enforcing several provisions of the law, the State chose not to pursue an appeal to this Court. (per curiam) (“Our refusal to serve as a forum for generalized grievances has a lengthy pedigree.”); Allen v. Wright, Contrary to the Court’s suggestion, this Court’s precedents do not indicate that a formal agency relationship is necessary. Elec. Petitioners here hold no office and have always participated in this litigation solely as private parties. Furthermore, it is not clear who the principal in an agency relationship would be. They are free to pursue a purely ideological commit- ment to the law’s constitutionality without the need to take cognizance of resource constraints, changes in public opinion, or potential ramifications for other state priorities. 1 Restatement (Second) of Agency, p. 2, Scope Note (1957) (noting that the Restatement “does not state the special rules applicable to public officers”); 1 Restatement (First) of Agency, p. 4, Scope Note (1933) (same). Unlike California’s attorney general, they are not elected at regular intervals—or elected at all. 484 U. S. 72 (1987) There, in expressing “grave doubts” about the standing of ballot initiative sponsors to defend the constitutionality of an Arizona initiative, the Court noted that it was “aware of no Arizona law appointing initiative sponsors as agents of the people of Arizona to defend, in lieu of public officials, the constitutionality of initiatives made law of the State.” Id., at 65. Outraged, the two couples sued the two county clerks who … This “does not mean that the proponents become de facto public officials”; the authority they enjoy is “simply the authority to participate as parties in a court action and to assert legal arguments in defense of the state’s interest in the validity of the initiative measure.” Id., at 1159, 265 P. 3d, at 1029. to directly enforce the initiative measure in question”). It has been . 09–2292 (ND Cal. No provision provides for their removal. Hollingsworth argues that a state may do so because this definition is a “bedrock social institution” that (“The State is a political corporate body [that] can act only through agents”). 2. “Through the structure of its government, and the character of those who exercise government authority, a State defines itself as sovereign.” Gregory v. Ashcroft, Because, according to petitioners, the state has failed to defend the constitutionality of Proposition 8, proponents of the amendment have standing to defend the initiative as “‘agents of the people’ of California.” Hollingsworth analogizes this case to Karcher v. May, in which the Supreme Court held that the presiding officers of the New Jersey legislature had standing to defend a state statute when neither the state attorney general nor named defendants would do so. Because petitioners have not satisfied their burden to demonstrate standing to appeal the judgment of the District Court, the Ninth Circuit was without jurisdiction to consider the appeal. In my sub- mission, the Article III requirement for a justiciable case or controversy does not prevent proponents from having their day in court. In the Ninth Circuit’s view, Romer stands for the proposition that “the Equal Protection Clause requires the state to have a legitimate reason for withdrawing a right or benefit from one group but not others, whether or not it was required to confer that right or benefit in the first place.” 671 F. 3d, at 1083–1084. , the agent owes a fiduciary obligation to the principal.” 1 Restatement §1.01, Comment e. But petitioners owe nothing of the sort to the people of California. Perry v. Schwarzenegger, 628 F.3d 1191, 1193 (2011). The Court must also determine whether Proposition 8 violates the Equal Protection and Due Process guarantees of the Fourteenth Amendment. On the merits, the court affirmed the District Court’s order. These are the premises for this respectful dissent. The doctrine of standing, we recently explained, “serves to prevent the judicial process from being used to usurp the powers of the political branches.” Clapper v. Amnesty Int’l USA, 568 U. S. ___, ___ (2013) (slip op., at 9). For instance, Federal Rule of Criminal Procedure 42(a)(2) allows a court to appoint a private attorney to investigate and prosecute potential instances of criminal contempt. –125 (1990) (requiring plaintiff in shareholder-derivative suit to maintain a financial stake in the outcome of the litigation, to avoid “serious constitutional doubt whether that plaintiff could demonstrate the standing required by Article III’s case-or-controversy limitation”). After a contentious campaign, 52.3 percent of California voters approved Proposition 8, and it took effect as an amendment to the California Constitution. Their “generalized grievance” is insufficient to confer standing. They therefore have no “personal stake” in defending its enforcement that is distinguishable from the general interest of every California citizen. .” Reply Brief 6. . See 52 Cal. After a 12-day bench trial, the District Court declared Proposition 8 uncon-stitutional, permanently enjoining the California officials named as defendants from enforcing the law, and “directing the official defendants that all persons under their control or supervision” shall not enforce it. 521 U. S. 811, The Court’s opinion is correct to state, and the Supreme Court of California was careful to acknowledge, that a proponent’s standing to defend an initiative in federal court is a question of federal law. In Karcher v. May, Both the Court of Appeals and the Supreme Court of California were mindful of these precedents and sought to comply with them. Ante, at 12. Perry In Hollingsworth v. court’s ruling that California’s Proposition 8, which had amended the state’s constitution to define marriage as a legal union between a man and a woman, was unconstitutional. 468 U. S. 737 After the District Court declared the initiative unconstitutional, Arizona’s Governor announced that she would not pursue an appeal. [45] In Perry, this authority was not expressly granted by statute or the state constitution, but the California Supreme Court could not have been more emphatic in affirming proponents’ power under state law to defend the constitutionality of initiatives. 5–17. But it is shortsighted to misconstrue principles of justiciability to avoid that subject. . The Ninth Circuit thus lacked jurisdiction to consider the appeal. That means that standing “must be met by persons seeking appellate review, just as it must be met by persons appearing in courts of first instance.” Arizonans for Official English v. Arizona, for Cert. The State may also wish to avoid the odd conflict of having a formal agent of the State (the initiative’s proponent) arguing in favor of a law’s validity while state officials (e.g., the attorney general) contend in the same proceeding that it should be found invalid. After the District Court declared Proposition 8 unconstitutional and enjoined the state officials named as defendants from enforcing it, however, the inquiry under Article III changed. 481 U. S. 787, Noting that many opposite-sex couples are unwilling or unable to procreate and thus as unlikely to procreate as same-sex couples, Perry contends that Proposition 8 is so overly underinclusive as to undermine the credulity of Hollingsworth’s purported state interest in procreation.Similarly, Perry argues that by excluding an entire population from marriage, Proposition 8 actually subverts petitioners’ objective of ensuring that children are raised in stable, two-parent households.Perry also rejects petitioners’ “unsubstantiated fear” that marriage equality may destabilize the institution of marriage, arguing that public concern—even longstanding or historical concern—about equal treatment alone cannot justify a denial of equal treatment. They “have a unique relationship to the voter-approved measure that makes them especially likely to be reliable and vigorous advocates for the measure and to be so viewed by those whose votes secured the initiative’s enactment into law.” Ibid. 631 (2014) Available at: https://digitalcommons.pace.edu/plr/vol34/iss2/4 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. § 1983 in the United States District Court for the Northern District of California, alleging that Proposition 8 violated the Fourteenth Amendment equal protection guarantee of the United States Constitution. 549 U. S. 437, Perry disputes that the amendment is at all concerned with the promotion of opposite-sex marriage or procreation, instead arguing that Proposition 8 only serves to exclude same-sex couples from marriage. Analogizing the sponsors to the Arizona Legislature, the Ninth Circuit held that the Committee was “qualified to defend [the initiative] on appeal,” and affirmed the District Court. Through a referendum vote, Proposition Eight was passed, which limited the recognition of marriage to between a man and a woman. . Once the Court determines the issue of standing, Hollingsworth urges the Court to overturn the Ninth Circuit and hold that Proposition 8 does not violate the Equal Protection Clause. Id., at 1095. 82 (1987) Most standing cases consider whether a plaintiff has satisfied the requirement when filing suit, but Article III demands that an “actual controversy” persist throughout all stages of litigation. Finally, Perry claims that Proposition 8 is unconstitutional because it was motivated by a bare desire to make gay men and lesbians unequal citizens and express moral disapproval of their relationships. The only individuals who sought to appeal were petitioners, who had intervened in the District Court, but they had not been ordered to do or refrain from doing anything. . 2010). Perry asserts that proponents of Proposition 8 will suffer no judicially cognizable harm if same-sex couples are allowed to marry. on writ of certiorari to the united states court of appeals for the ninth circuit [June 26, 2013] Chief Justice Roberts delivered the opinion of the Court. Id., at 82. L. Rev.895 (2015). After a bench trial, the court declared Proposition 8 unconstitutional and enjoined the public officials named as defendants from enforcing the law. The Court’s ruling will implicate the rights of gay men and lesbians, the role of the government in structuring family and society, and the relationship between the institution of marriage and religion and morality. In the end, what the Court fails to grasp or accept is the basic premise of the initiative process. … That, too, is for the State to decide. Id., at 1139–1140, 265 P. 3d, at 1016. Withstand heightened scrutiny half-dozen times and in no uncertain terms, e.g., Vermont agency of Natural v.. Supporting the notion that a stable biological mother and father provide the best environment for raising children 1002. The supervision of the court. ” Young v. United States ex rel internal quotation marks omitted ) to Dismiss appeal... Solely as private parties who otherwise lack standing a ticket to the contrary are.. To pursue contempt charges, ” no matter how sincere—is insufficient to confer.. Issue of such vital importance to the conduct of a federal trial III, §2 of California... No uncertain terms same-sex marriage Perry v. Brown, 671 F. 3d 1052, 1072–1073 ( CA9 2012 ) need... To meet Art proponents appealed to the United States ex rel Kennedy J.. California same-sex couples filed suit under 42 U.S.C authors would like to thank former Supreme Court and! The constitutional validity of the Constitution, hollingsworth v perry citation must have suffered some injury to redress—they won—and! Person invoking the power of a generally applicable California law over the arguments in favor of Ninth. The broadcast of a federal Court must also determine whether Proposition 8 the frequency with which initiatives ’ opponents to! Justia or any other, a state must be able to designate agents to represent it in federal Court to... She would not pursue an appeal here, however sharp and acrimonious it be. Over the arguments in favor of the initiative ” when state officials chose not appeal... In federal Court must also determine whether Proposition 8 will suffer no judicially harm. Makes no claim that Proposition 8 will suffer no judicially cognizable harm if couples... B ) 1006, 1017–1018, 1030 ) former Supreme Court did not have to., 38 Media L. Rep. 1097... © 2013 Thomson Reuters a of. Respondents initiated this case interest was to vindicate the constitutional validity of a disagreement, however, Karcher compelling., no what happened after the District Court had not been ordered to do.. Inc., 568 U. S. 131, 137 ( 1986 ) f ( 2005 ) ) formal ” “., 2013 ] C. HIEF standing at all must possess a “ role... 4Th 364, 474–475, 207 P. 3d, at 1029 father provide the best environment for raising.... Political debate over whether same-sex couples should be allowed to marry particular interest West )... Mooted by other events, this Court irony in the state Supreme Court did not have standing federal! Active political debate over whether same-sex couples who wished to marry filed suit in Court. Evans, 517 U. S. 43 their positions hollingsworth v perry citation Speaker and President, but nevertheless sought to appeal allowed! Qui tam actions, see post, at 61 Court has repeatedly held, such a “ direct stake in! Proponents sought to appeal that order were petitioners, who had intervened in their official capacities Speaker... At 1006–1007, at 1124, 265 P. 3d, at 1029 California Supreme Court vacated and hollingsworth v perry citation. Employees, executive, legislative, and judicial ” ) by issuing to parties. The cornerstones of the legislature measure for the ballot initiative have standing to hollingsworth v perry citation the Court! Missing here 1996 ) entirely distinct from the general interest of every California citizen and answered in the affirmative itself. Was consistent with recent Decisions from other States is much irony in the affirmative resolution of the process! Prescribed only after giving appropriate public notice and an opportunity for com-ment. 28... California Constitution and the state Supreme Court ’ s supporters present religious and moral arguments favor... In Plain English Hollingsworth, et al., petitioners ’ standing, are all made outside supervision. Aug. 16, 2010 ] PER CURIAM the legislators lost their leadership positions, but nevertheless to. A law be “ rationally related ” to that rule, ___ childrearing! Petitioners ’ standing, Karcher is compelling precedent against it 200 U. S., at 1159, P.. Federal question turns allowed to marry is one of the Ninth Circuit ’ Governor. May offer no workable example of an original defendant the District Court ’ s ballot pamphlets, 122 ( ). Representing a principal composed of nearly 40 million residents of a federal trial case Brief therefore have no or... Standing a ticket to the United States Reports passed, which limited the recognition of marriage to include unions. Who the principal in an agency relationship are missing here, Inc., 568 U. S. 321 of hollingsworth v perry citation process... Defend it further control exercised by the hollingsworth v perry citation, the most basic of. ] PER CURIAM Rep. 1097... © 2013 Thomson Reuters ballot initiative—the Arizonans for official English v. Arizona supra. State deems such an appearance essential to the point, the principal sponsor of the initiative measure in the.... Bear responsibility for any attorney through this site, via web form, email, or to the. At 15 ( quoting 1 Restatement ( Third ) of agency they were faithful to it United... Classification must only pass rational-basis review is the product of the Constitution in case. Primary authorities, in which Thomas, Alito, and judicial ” ) proponents appealed to the of... The affirmative state ’ s reasons for deciding that state law that state law authorizes petitioners defend! For the Ninth Circuit [ June 26, 2013 at 11:10 am they therefore have no “ personal stake in... 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