University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Dronenburg v. Brown PB-CA-0041
Docket / Court S212172 ( State Court )
State/Territory California
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Case Summary
On June 26, 2013, the Supreme Court issued its decision in Hollingsworth v. Perry. That case had challenged the constitutionality of California Prop. 8, which barred same-sex couples from getting married. On August 4, 2010, Judge Vaughn Walker, of the U.S. District Court for the Northern District ... read more >
On June 26, 2013, the Supreme Court issued its decision in Hollingsworth v. Perry. That case had challenged the constitutionality of California Prop. 8, which barred same-sex couples from getting married. On August 4, 2010, Judge Vaughn Walker, of the U.S. District Court for the Northern District of California, issued an opinion striking down Prop. 8. The opinion was stayed pending appeal to the 9th Circuit. The 9th Circuit eventually affirmed, but kept the stay in place during further review (on certiorari) in the Supreme Court. In its June 26 opinion, the Supreme Court held that the 9th Circuit lacked jurisdiction and therefore vacated the appellate decision--but left the district court decision in place. For more details about Hollingsworth v. Perry, refer to this Clearinghouse page. On June 28, 2013, Ninth Circuit dissolved its stay of the district court's order, allowing same-sex marriages to proceed in California.

Two legal challenges to the implementation of the ruling followed, both dismissed by the courts:

First, the day after the Ninth Circuit dissolved its stay, proponents of Proposition 8 filed an emergency application asking the Supreme Court to enforce the usual 25 day period in which the losing party may make a petition for rehearing; Circuit Justice Kennedy, overseeing the Ninth Circuit, denied the request on June 30, 2013.

Next came this proceeding, in which Proposition 8 supporters sought a discretionary Writ of Mandate before the Supreme Court of California on July 19, 2013. They asked the court to stay, and then override, the statewide application of Judge Walker's district court ruling in Hollingsworth. They argued that the federal case was not a class-action lawsuit and therefore the federal judgment applied only to the counties and specific individuals named in the suit. The plaintiffs were Dennis Hollingsworth and others. Hollingsworth, the San Diego County Clerk, was also the defendant in Hollingsworth v. Perry.

The plaintiffs had very little support by others in California. Governor Jerry Brown ordered state officials to change the marriage license requirements, and he was supported in that by California Attorney General Kamala Harris and twenty-four County Clerks. On July 23, the California Supreme Court unanimously declined the request for immediate action and requested arguments from the parties; on August 14, in a one-sentence unanimous order without dissent, unanimously refused to take up the petition.

On July 23, 2013, the Court denied the petitioner's motion for an immediate temporary stay. On August 5, 2013, the petitioner filed a motion to dismiss his own case. This request was granted by the Court, and the case was closed on August 14, 2013.

Megan Dolan - 08/14/2014


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Issues and Causes of Action
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Issues
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sex discrimination
Sexual orientatation
General
Gay/lesbian/transgender
Marriage
Plaintiff Type
City/County Plaintiff
Causes of Action State law
Defendant(s) State of California
Plaintiff Description Plaintiff was the County Clerk of San Diego County who petitioned the Court to issue a temporary injunction against California county clerks issuing marriage licenses to same-sex couples.
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Filed 06/26/2013
Case Closing Year 2013
Case Ongoing No
Court Docket(s)
State Supreme Court
08/14/2013
13-S212172
PB-CA-0041-9000.pdf | Detail
Source: State Court Website
General Documents
State Supreme Court
07/19/2013
Verified Petition for Writ of Mandate and Request for Immediate Temporary Stay; Memorandum of Points and Authorities
PB-CA-0041-0001.pdf | Detail
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Plaintiff's Lawyers LiMandri, Charles Salvatore (California) show/hide docs
PB-CA-0041-0001
Mendoza, Teresa (California) show/hide docs
PB-CA-0041-0001

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