Case3:09-cv-02292-VRW Document329 Filed12/30/09 Page1 of 4 1 GIBSON, DUNN & CRUTCHER LLP Theodore B. Olson, SBN 38137 2 [email protected] Matthew D. McGill, pro hac vice 3 Amir C. Tayrani, SBN 229609 1050 Connecticut Avenue, N.W., Washington, D.C. 20036 4 Telephone: (202) 955-8668, Facsimile: (202) 467-0539 5 Theodore J. Boutrous, Jr., SBN 132009 [email protected] 6 Christopher D. Dusseault, SBN 177557 Ethan D. Dettmer, SBN 196046 7 Sarah E. Piepmeier, SBN 227094 Theane Evangelis Kapur, SBN 243570 8 Enrique A. Monagas, SBN 239087 333 S. Grand Avenue, Los Angeles, California 90071 9 Telephone: (213) 229-7804, Facsimile: (213) 229-7520 10 BOIES, SCHILLER & FLEXNER LLP David Boies, pro hac vice 11 [email protected] 333 Main Street, Armonk, New York 10504 12 Telephone: (914) 749-8200, Facsimile: (914) 749-8300 13 Jeremy M. Goldman, SBN 218888 [email protected] 14 Theodore H. Uno, SBN 248603 1999 Harrison Street, Suite 900, Oakland, California 94612 15 Telephone: (510) 874-1000, Facsimile: (510) 874-1460 16 Attorneys for Plaintiffs KRISTIN M. PERRY, SANDRA B. STIER, 17 PAUL T. KATAMI, and JEFFREY J. ZARRILLO 18 UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA 20 KRISTIN M. PERRY, et al., CASE NO. 09-CV-2292 VRW 21 Plaintiffs, and DECLARATION OF KAIPONANEA T. 22 CITY AND COUNTY OF SAN FRANCISCO, MATSUMURA IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO 23 Plaintiff-Intervenor, PROPOSED INTERVENORS’ MOTION TO v. INTERVENE 24 ARNOLD SCHWARZENEGGER, et al., 25 Defendants, 26 and PROPOSITION 8 OFFICIAL PROPONENTS 27 DENNIS HOLLINGSWORTH, et al., 28 Defendant-Intervenors. Gibson, Dunn & Crutcher LLP 09-CV-2292 VRW DECLARATION OF KAIPONANEA T. MATSUMURA IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO PROPOSED INTERVENORS’ MOTION TO INTERVENE Case3:09-cv-02292-VRW Document329 Filed12/30/09 Page2 of 4 1 I, Kaiponanea T. Matsumura, declare as follows: 2 1. I am an attorney licensed to practice law in the State of California and in the Northern 3 District of California. I am an associate in the law firm of Gibson, Dunn & Crutcher LLP, counsel of 4 record for Plaintiffs Kristin M. Perry, Sandra B. Stier, Paul T. Katami, and Jeffrey J. Zarrillo in the 5 above-captioned matter. I make this declaration in support of Plaintiffs’ Opposition to Proposed 6 Intervenors’ Motion to Intervene. The information below is stated on personal knowledge and if 7 called as a witness, I could and would testify competently thereto. 8 2. Attached hereto as Exhibit A is a true and correct copy of Linda Deutsch (for the 9 Associated Press), Lawsuit Seeks Federal Ruling on Gay Marriage, S.D. UNION TRIB., May 26, 2009, 10 available at http://www.signonsandiego.com/news/2009/may/26/ca-gay-marriage-federal-052609/. 11 3. Attached hereto as Exhibit B is a true and correct copy of Lisa Leff (for the 12 Associated Press), Calif. AG, Gov Oppose Suspending Gay Marriage Ban, S.D. UNION TRIB., June 13 12, 2009, available at http://www.signonsandiego.com/news/2009/jun/12/ca-gay-marriage-calif- 14 061209/. 15 4. Attached hereto as Exhibit C is a true and correct copy of Maura Dolan & Carol J. 16 Williams, Brown Again Says Prop. 8 Should be Struck Down, L.A. TIMES, June 13, 2009, as retrieved 17 from www.lexis.com. 18 5. Attached hereto as Exhibit D is a true and correct copy of News, U.S. District Court 19 Grants Intervenor Status to Prop. 8 Proponents in Case Challenging Law’s Validity (July 1, 2009), 20 available at http://www.protectmarriage.com/article/u-s-district-court-grants-intervenor-status-to- 21 prop-8-proponents-in-case-challenging-law-s-validity. 22 6. Attached hereto as Exhibit E is a true and correct copy of Protect Marriage, 23 Endorsements, recovered by the Internet Archive Way Back Machine, available at 24 http://web.archive.org/web/20080821225712/http://protectmarriage.com/endorsements. 25 7. Attached hereto as Exhibit F is a true and correct copy of Schubert Flint’s Responses 26 and Objections to Plaintiffs’ Subpoena to Produce Documents, Information, or Objects or to Permit 27 Inspection of Premises, dated October 7, 2009, and signed by Robert H. Tyler and Jennifer L. Monk, 28 Advocates for Faith and Freedom. 2 Gibson, Dunn & Crutcher LLP 09-CV-2292 VRW DECLARATION OF KAIPONANEA T. MATSUMURA IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO PROPOSED INTERVENORS’ MOTION TO INTERVENE Case3:09-cv-02292-VRW Document329 Filed12/30/09 Page3 of 4 1 I declare, under penalty of perjury under the laws of the United States, that these facts 2 are true and correct and that this Declaration is executed this 30th day of December, 2009, at San 3 Francisco, California. 4 5 /s/ Kaiponanea T. Matsumura Kaiponanea T. Matsumura 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Gibson, Dunn & Crutcher LLP 09-CV-2292 VRW DECLARATION OF KAIPONANEA T. MATSUMURA IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO PROPOSED INTERVENORS’ MOTION TO INTERVENE Case3:09-cv-02292-VRW Document329 Filed12/30/09 Page4 of 4 1 ATTESTATION PURSUANT TO GENERAL ORDER NO. 45 2 Pursuant to General Order No. 45 of the Northern District of California, I attest that 3 concurrence in the filing of the document has been obtained from each of the other signatories to this 4 document. 5 /s/ Theodore B. Olson Theodore B. Olson 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Gibson, Dunn & Crutcher LLP 09-CV-2292 VRW DECLARATION OF KAIPONANEA T. MATSUMURA IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO PROPOSED INTERVENORS’ MOTION TO INTERVENE Case3:09-cv-02292-JW Document329-1 Filed12/30/09 Page1 of 4 EExxhhiibbiitt AA Lawsuit seeks federal ruling on gay marriage - California - SignOnSanDiego.com Page 1 of 3 Case3:09-cv-02292-JW Document329-1 Filed12/30/09 Page2 of 4 U-T SUBSCRIBER TOOLS SUBSCRIBE TO THE PAPER SUBSCRIBE TO THE E-EDITION NEWS NEWS SPORTS BUSINESS LIFESTYLE ENTERTAINMENT THINGS TO DO TRAVEL MYTOWN CLASSIFIEDS REAL ESTATE JOBS AUTOTRADER.COM TRAFFIC HOT TOPICS: TIGER WOODS HEALTH CARE REFORM WEATHER 63° F SEARCH... SUBSCRIBE THINGS TO DO +ADD AN EVENT California EVENTS MOVIES RESTAURANTS LOCAL NEWS NEWS BY REGION NEWS BY TOPIC 20 21 22 23 24 All Sun Mon Tue Wed Thu events 9 pm Tuesday Comedy Night With Mal Hall 8 am Saturday Free Day of Dance 3 pm Saturday Fables, Friends & Fruitcake! Lawsuit seeks federal ruling on gay marriage WHAT WHEN BY LINDA DEUTSCH, THE ASSOCIATED PRESS Search TUESDAY, MAY 26, 2009 AT 5:58 P.M. ALL EVENTS | HOT TICKETS | +ADD AN EVENT LOS ANGELES — Two of the nation's top litigators who opposed each other in the Bush v. Gore election challenge in 2000 have joined forces to seek federal court intervention in California's gay marriage controversy. Theodore B. Olson and David Boies, long identified as opposing forces for conservative and liberal groups, filed suit in federal court on behalf of two gay men and two gay women, arguing that a California constitutional amendment eliminating the right of gay couples to marry violates the U.S. constitutional guarantees of equal protection and due process. Olson said he hopes the case will wind up before the U.S. Supreme Court. "This is a federal question," Olson said in a telephone interview Tuesday. "This is about the rights of individuals to be treated equally and not be stigmatized." He said that he and Boies, who have become close friends in the years since Bush v. Gore, decided to collaborate on the issue. "We wanted to be a symbol of the fact that this not a conservative or a liberal issue. We want to send a signal that this is an important constitutional issue involving equal rights for all Americans," Olson said. The lawsuit was filed in U.S. District Court in San Francisco on Friday, before the California Supreme Court issued a ruling Tuesday upholding the state's voter-approved Proposition 8, which banned gay marriage. The suit argues that Proposition 8 creates a category of "second-class citizens" in violation of the U.S. MOST POPULAR MOST COMMENTS Constitution. It seeks a preliminary injunction against imposition of the amendment until the lawsuit is resolved, immediately reinstating marriage rights to same-sex couples. Roof fire closes popular eatery - Metro The lawsuit names six California officials as defendants including Gov. Arnold Schwarzenegger and Attorney Family fighting murder conviction - Legal Affairs General Edmund G. Brown Jr. It cites numerous precedents including the 1967 case of Loving v. Virginia which struck down bans on interracial marriage. It cites language in that decision which holds that "marriage is one of Man found dead in crashed pickup truck - Local Breaking the basic civil rights of man, fundamental to our very existence and survival." News The lawyers said that by relegating same-sex unions to "the separate-but-unequal institution of domestic partnership," California is violating the 14th Amendment to the U.S. Constitution which guarantees equal One stabbed after road-rage incident - Local Breaking protection for all. News They cite numerous alleged violations of the federal amendment including singling out gays and lesbians for a No eviction for home-renovating family - Metro disfavored legal status and discriminating on the basis of gender and sexual orientation. "We believe this is the kind of matter where Americans must come together and recognize the rights of all citizens," Olson said. The lawyers filed their challenge on Friday after the California Supreme Court announced it would be deciding the issue on Tuesday.