# Perry v. Schwarzenegger/8:Findings of Fact--The Parties

II
FINDINGS OF FACT
Having considered the evidence presented at trial, the credibility of the witnesses and the legal arguments presented by counsel, the court now makes the following findings of fact pursuant to FRCP 52(a). The court relies primarily on the testimony and exhibits cited herein, although uncited cumulative documentary evidence in the record and considered by the court also supports the findings.
THE PARTIES
Plaintiffs
* Kristin Perry and Sandra Stier reside together in Alameda County, California and are raising four children. They are lesbians in a committed relationship who seek to marry.
* On May 21, 2009, Perry and Stier applied for a marriage license from defendant O'Connell, the Alameda County Clerk-Recorder, who denied them a license due to Proposition 8 because they are of the same sex. [p. 55]
* Paul Katami and Jeffrey Zarrillo reside together in Los Angeles County, California. They are gay men in a committed relationship who seek to marry.
* On May 20, 2009, Katami and Zarrillo applied for a marriage license from defendant Logan, the Los Angeles County Clerk, who denied them a license due to Proposition 8 because they are of the same sex.
Plaintiff-Intervenor
* San Francisco is a charter city and county under the California Constitution and laws of the State of California. Cal Const Art XI, § 5(a); SF Charter Preamble.
* San Francisco is responsible for issuing marriage licenses, performing civil marriage ceremonies and maintaining vital records of marriages. Cal Fam Code §§ 350(a), 401(a), 400(b).
Defendants
* Arnold Schwarzenegger is the Governor of California.
* Edmund G Brown, Jr is the Attorney General of California.
* Mark B Horton is the Director of the California Department of Public Health and the State Registrar of Vital Statistics of the State of California. In his official capacity, Horton is responsible for prescribing and furnishing the forms for marriage license applications, the certificate of registry of marriage, including the license to marry, and the marriage certificate. See Doc #46 ¶ 15 (admitting Doc #1 ¶ 15).
* Linette Scott is the Deputy Director of Health Information & Strategic Planning for the California Department of Public [p. 56] Health. Scott reports to Horton and is the official responsible for prescribing and furnishing the forms for marriage license applications, the certificate of registry of marriage, including the license to marry, and the marriage certificate. See Doc #46 ¶ 16 (admitting Doc #1 ¶ 16).
* Patrick O'Connell is the Alameda County Clerk-Registrar and is responsible for maintaining vital records of marriages, issuing marriage licenses and performing civil marriage ceremonies. See Doc #42 ¶ 17 (admitting Doc #1 ¶ 17).
* Dean C Logan is the Los Angeles County Registrar-Recorder/County Clerk and is responsible for maintaining vital records of marriages, issuing marriage licenses and performing civil marriage ceremonies. Doc #41 ¶ 13 (admitting Doc #1 ¶ 18).
Defendant-Intevenors (Proponents)
* Dennis Hollingsworth, Gail J Knight, Martin F Gutierrez, Hak-Shing William Tam and Mark A Jansson are the "official proponents" of Proposition 8 under California law.
* Proponents dedicated substantial time, effort, reputation and personal resources in campaigning for Proposition 8.
* Proponents established ProtectMarriage.com —— Yes on 8, a Project of California Renewal ("Protect Marriage") as a "primarily formed ballot measure committee" under California law.
* The Protect Marriage Executive Committee includes Ron Prentice, Edward Dolejsi, Mark A Jansson and Doug Swardstrom. Andrew Pugno acts as General Counsel. David Bauer is the Treasurer and officer of record for Protect Marriage.
* Protect Marriage was responsible for all aspects of the campaign to qualify Proposition 8 for the ballot and enact it into law.
* Protect Marriage is a "broad coalition" of individuals and organizations, including the Church of Jesus Christ of Latter-Day Saints (the "LDS Church"), the California Catholic Conference and a large number of evangelical churches.

#### Notes

2 ↑ . To the extent any of the findings of fact should more properly be considered conclusions of law, they shall be deemed as such.