American Foundation for Equal Rights

Prop. 8 Plaintiffs File Brief with United States Court of Appeals for the Ninth Circuit Opposing Proponents’ Emergency Motion for Stay Pending Appeal



Yusef Robb / (323) 384-1789 cell

See plaintiffs’ brief here:

Attorneys for the Plaintiffs in Perry v. Schwarzenegger tonight filed a brief with the United States Court of Appeals for the Ninth Circuit opposing the emergency motion for stay pending appeal filed by Proposition 8 Official Proponents.

“The Proponents’ brief, while exceptionally lengthy, does not come close to showing they have a strong chance of winning on appeal, which is what they must demonstrate to get a stay,” said Theodore Boutrous, attorney for the Plaintiffs. “And they completely fail to show that they or anyone else will be irreparably harmed — or harmed at all — by allowing people to get married while the appellate process proceeds. The public interest strongly favors allowing Chief Judge Walker’s ruling to take effect immediately. ”

The Plaintiffs’ brief specifically argues that:

• Proponents cannot possibly make a “strong showing” that they are likely to prevail in their appeal.

• There is significant question as to whether Proponents even have standing to pursue an appeal.

• Proponents have failed to establish that they will likely suffer irreparable injury in the absence of a stay.

• A stay will cause substantial irreparable harm to Plaintiffs.

• The public interest favors immediate enforcement of the judgment.

The American Foundation for Equal Rights is the organization that launched the Perry v. Schwarzenegger case and brought together attorneys Theodore Olson and David Boies to argue it. The Foundation and the legal team are committed to seeing this case through the Supreme Court.

For more information, visit See Plaintiffs’ brief at: