Record returned to U.S.D. C. for the Norhtern District of California.

JUDGMENT ISSUED.

Application (13A18) denied by Justice Kennedy.

Application (13A18) to vacate order entered by the United States Court of Court Appeals for the Ninth Circuit on June 28, 2013, submitted to Justice Kennedy.

Judgment VACATED and case REMANDED. Roberts, C.J., delivered the opinion of the Court, in which Scalia, Ginsburg, Breyer, and Kagan, JJ., joined. Kennedy, J., filed a dissenting opinion, in which Thomas, Alito, and Sotomayor, JJ., joined.

Argued. For petitioners: Charles J. Cooper, Washington, D. C. For respondents: Theodore B. Olson, Washington, D. C.; and Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)

Reply of petitioners Dennis Hollingsworth, et al. filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

Brief amici curiae of California Teachers Association, et al. filed. (Distributed)

Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations, et al. filed. (Distributed)

Brief amici curiae of California Council of Churches, et al. filed. (Distributed)

Brief amici curiae of California Assembly Speaker John A. Perez, et al. filed. (Distributed)

Brief amici curiae of Bishops of the Episcopal Church in the State of California, et al. filed. (Distributed)

Brief amicus curiae of Women's Equal Rights Legal Defense and Education Fund filed. (Distributed)

Brief amici curiae of Organization of American Historians and the American Studies Association filed. (Distributed)

Brief amicus curiae of Gary J. Gates filed. (Distributed)

Brief amici curiae of Anti-Defamation League, et al. filed. (Distributed)

Brief amici curiae of Political Science Professors filed. (Distributed)

Brief amici curiae of Adoption and Child Welfare Advocates filed. (Distributed)

Brief amicus curiae of American Sociological Association filed. VIDED (Distributed)

Brief amici curiae of American Anthropological Association, et al. filed. (Distributed)

Brief amicus curiae of Garden State Equality filed. (Distributed)

Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. filed. (Distributed)

Brief amicus curiae of American Jewish Committee filed. VIDED. (Distributed)

Brief amici curiae of Constitutional Law and Civil Procedure Professors Erwin Chermerinsky and Arthur Miller filed. (Distributed)

Brief amici curiae of National Women's Law Center, et al. filed. (Distributed)

Brief amici curiae of Family Equality Council, et al. filed. VIDED. (Distributed)

Brief amici curiae of Constitutional Law Scholars Bruce Ackerman, et al. filed. VIDED. (Distributed)

Brief amici curiae of American Companies filed. (Distributed)

Brief amici curiae of International Human Rights Advocates filed. (Distributed)

Brief amici curiae of Kenneth B. Mehlman, et al. filed. (Distributed)

Brief amicus curiae of Parents, Families and Friends of Lesbians and Gays, Inc. filed. (Distributed)

Brief amicus curiae of Walter Dellinger filed. (Distributed)

Brief amici curiae of Bay Area Lawyers for Individual Freedom, et al. filed. (Distributed)

Brief amici curiae of Leadership Conference on Civil and Human Rights, et al. filed. (Distributed)

Brief amici curiae of American Psychological Association, et al. filed. (Distributed)

Brief amicus curiae of Dr. Maria Nieto filed. (Distributed)

Brief amici curiae of Cato Institute and Constitutional Accountability Center filed. (Distributed)

Brief amicus curiae of the United States filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief amici curiae of Chris Kluwe and Brendon Ayanbadejo filed. (Distributed)

Brief amici curiae of California Professors of Family Law filed. (Distributed)

Brief amici curiae of William N. Eskridge, Jr., et al. filed. (Distributed)

Brief amicus curiae of Howard University School of Law Civil Rights Clinic filed. (Distributed)

Brief amicus curiae of Survivors of Sexual Orientation Change Therapies filed. (Distributed)

Brief amici curiae of Massachusetts, et al. filed. (Distributed)

Brief amici curiae of Foreign and Comparative Law Experts Harold Hongju Koh, et al. filed. (Distributed)

Brief amicus curiae of Southern Poverty Law Center filed. (Distributed)

Brief amici curiae of National Organization for Women Foundation and the Feminist Majority Foundation filed. (Distributed)

Brief amicus curiae of Equality California filed. (Distributed)

Brief amici curiae of American Humanist Association and American Atheists, Inc., et al. filed. (Distributed)

Brief amici curiae of Utah Pride Center, et al. filed. VIDED. (Distributed)

Brief amici curiae of Columbia Law School Sexuality & Gender Law Clinic, et al. filed. (Distributed)

Brief amici curiae of American Academy of Matrimonial Lawyers, et al. filed. (Distributed)

Brief amicus curiae of National Center for Lesbian Rights filed. (Distributed)

Brief amicus curiae of California filed. (Distributed)

Brief amici curiae of Beverly Hills Bar Association, et al. filed. (Distributed)

Brief amici curiae of Hon. Judith S. Kaye (Ret.), et al. filed. (Distributed)

Brief amicus curiae of Marriage Equality USA filed. (Distributed)

Brief amici curiae of Edward D. Stein, et al. filed. (Distributed)

Brief amici curiae of Jonathan Wallace, Meri Wallace, and Duncan Pflaster filed. (Distributed)

Brief amicus curiae of GLMA: Health Professionals Advancing LGBT Equality (Gay Lesbian Medical Association) concerning the immutability of sexual orientation filed. (Distributed)

Brief of respondent City and County of San Francisco filed. (Distributed)

Brief of respondents Kristin M. Perry, Sandra B. Stier, Paul T. Katami, and Jeffrey J. Zarrillo filed. (Distributed)

Brief amicus curiae of Rev. Rick Yramategui, et al. filed.

Brief amicus curiae of Parents and Friends of Ex-Gays & Gays (Merits) filed. VIDED. (Distributed)

Record from U.S.D.C. for the Northern District of California. (10 Boxes)

Brief amicus curiae of Coalition for the Protection of Marriage (Merits) filed. VIDED. (Distributed)

Brief amicus curiae of Foundation for Moral Law filed. (Distributed)

Brief amicus curiae of United States Conference of Catholic Bishops filed. (Distributed)

Brief amici curiae of Citizens United's National Committee for Family, Faith and Prayer, et al. filed. (Distributed)

Brief amicus curiae of Center for Constitutional Jurisprudence filed. (Distributed)

Brief amicus curiae of Patrick Henry College filed. (Distributed)

Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed. (Distributed)

Brief amici curiae of Robert P. George, et al. (Merits) filed. VIDED. (Distributed)

Brief amici curiae of Judicial Watch, Inc., et al filed. (Distributed)

Brief amici curiae of Liberty Counsel, Inc. and Campaign for Children filed.

Brief amici curiae of Catholic Answers, et al. (Merits) filed. VIDED. (Distributed)

Brief amicus curiae of Catholics for the Common Good and the Marriage Law Project filed. (Distributed)

Brief amici curiae of Pacific Legal Foundation, et al. filed. (Distributed)

Brief amici curiae of National Association of Evangelicals, et al. filed. (Distributed)

Brief amicus curiae of Matthew B. O'Brien (Merits) filed. VIDED. (Distributed)

Brief amici curiae of Leon R. Kass, Harvey C. Mansfield and the Institute for Marriage and Public Policy filed. (Distributed)

Brief amicus curiae of Michigan filed. (Distributed)

Brief amicus curiae of Ethics and Public Policy Center filed. (Distributed)

Brief amicus curiae of Minnesota for Marriage filed. (Distributed)

Brief amicus curiae of Marriage Anti-Defamation Alliance filed. (Distributed)

Brief amicus curiae of Helen M. Alvare (Merits) (Distributed). filed. VIDED.

Brief amici curiae of Indiana, et al. filed. (Distributed).

Brief amici curiae of Social Science Professors. (Merits) filed. VIDED. (Distributed)

Brief amicus curiae of David Boyle (Merits) filed. (Distributed)

Brief amicus curiae of American Civil Rights Union (Merits) filed. VIDED. (Distributed)

Brief amicus curiae of International Jurists and Academics (Merits) filed. VIDED. (Distributed)

Brief amicus curiae of The Becket Fund for Religious Liberty (Merits) filed. VIDED. (Distributed)

Brief amici curiae of Thomas More Law Center and Chuck Storey, Imperial County Clerk (Merits) filed. (Distributed)

Brief amicus curiae of Lighted Candle Society filed. (Distributed)

Brief amicus curiae of Concerned Women for America filed. (Distributed)

Brief amicus curiae of High Impact Leadership Coalition filed. (Distributed)

Brief amici curiae of thirty-seven scholars of federalism and judicial restraint filed. (Distributed)

Brief amici curiae of National Association of Evangelicals, et al. filed. (Distributed)

Brief amici curiae of Scholars of History and Related Disciplines filed. (Distributed)

Brief amicus curiae of Westboro Baptist Church in support of neither party filed. (Distributed)

Brief amici curiae of Liberty, Life and Law Foundation, et al. (Merits) filed. VIDED. (Distributed)

Brief amicus curiae of Professor Daniel N. Robinson, Ph.D. filed. (Distributed)

Brief amicus curiae of Family Research Council filed. (Distributed)

Brief amicus curiae of Dr. Paul McHugh (Merits) filed. VIDED. (Distributed)

CIRCULATED.

Brief amici curiae of David Benkof, et al. filed. (Distributed)

Brief of petitioners Dennis Hollingsworth, et al. filed. (Distributed)

Joint appendix filed. (2 Volumes and Supplement). (Distributed) (Statement of costs filed)

Brief amici curiae of Coalition of African American Pastors USA, et al.( 2nd REPRINT) filed. (Distributed)

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Perry, Steir, Katami, and Zarillo

Record from U.S.C.A. for 9th Circuit is electronic.

Application (12A688) denied by Justice Kennedy.

SET FOR ARGUMENT ON Tuesday, March 26, 2013

Application (12A688) for leave to file petitioners' brief on the merits in excess of the word limit, submitted to Justice Kennedy.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent City and County of San Francisco.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners

Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Whether petitioners have standing under Article III, �2 of the Constitution in this case.

DISTRIBUTED for Conference of December 7, 2012.

DISTRIBUTED for Conference of November 30, 2012.

DISTRIBUTED for Conference of November 20, 2012.

DISTRIBUTED for Conference of September 24, 2012.

Reply of petitioners Dennis Hollingsworth, et al. filed.

Brief amici curiae of Public Advocate of the United States, et al. filed.

Brief amici curiae of Judicial Watch, Inc., et al filed.

Brief amicus curiae of Center for Constitutional Jurisprudence filed.

Brief amici curiae of Declaration Alliance & United States Justice Foundation filed.

Brief amici curiae of Indiana, et al. filed.

Brief amicus curiae of American Civil Rights Union filed.

Brief amici curiae of National Association of Evangelicals, et al. filed.

Brief amicus curiae of Foundation for Moral Law filed.

Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed.

Brief amici curiae of Judge Georg Ress, and The Marriage Law Foundation filed.

Brief amici curiae of William N. Eskridge, Jr., et al. filed.

Brief of respondent City and County of San Francisco in opposition filed.

Brief of respondents Kristin M. Perry, Sandra B. Stier, Paul T. Katami, and Jeffrey J. Zarrillo in opposition filed.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent City and County of San Francisco.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners Hollingsworth, Knight, Gutierrez, Jansson, and ProtectMarriage.com

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Perry, Stier, Katami, and Zarillo.

Petition for a writ of certiorari filed. (Response due August 31, 2012)

Dennis Hollingsworth, et al., Petitioner, represented by Charles J. Cooper

City and County of San Francisco, Respondent, represented by Therese M. Stewart

Kristin M. Perry, Sandra B. Stier, Paul T. Katami, and Jeffrey J. Zarrillo, Respondent, represented by Theodore B. Olson

Adoption and Child Welfare Advocates, Amicus Curiae, represented by Michael F. Sturley

American Academy of Matrimonial Lawyers, et al., Amicus Curiae, represented by Diana E. Richmond

American Anthropological Association, et al., Amicus Curiae, represented by Sonya D. Winner

American Civil Rights Union, Amicus Curiae, represented by Peter J. Ferrara

American Civil Rights Union (Merits), Amicus Curiae, represented by Peter J. Ferrara

American Companies, Amicus Curiae, represented by E. Joshua Rosenkranz

American Federation of Labor and Congress of Industrial Organizations, et al., Amicus Curiae, represented by Nicole G. Berner

American Humanist Association and American Atheists, Inc., et al., Amicus Curiae, represented by Elizabeth L. Hileman

American Jewish Committee, Amicus Curiae, represented by Douglas Laycock

American Psychological Association, et al., Amicus Curiae, represented by Paul M. Smith

American Sociological Association, Amicus Curiae, represented by Carmine D. Boccuzzi Jr.

Anti-Defamation League, et al., Amicus Curiae, represented by Christopher T. Handman

Bay Area Lawyers for Individual Freedom, et al., Amicus Curiae, represented by Jerome C. Roth

Beverly Hills Bar Association, et al., Amicus Curiae, represented by Irving H. Greines

Bishops of the Episcopal Church in the State of California, et al., Amicus Curiae, represented by Jeffrey S. Trachtman

California, Amicus Curiae, represented by Daniel J. Powell

California Assembly Speaker John A. Perez, et al., Amicus Curiae, represented by Laura W. Brill

California Council of Churches, et al., Amicus Curiae, represented by Eric A. Isaacson

California Professors of Family Law, Amicus Curiae, represented by Sean M. SeLegue

California Teachers Association, et al., Amicus Curiae, represented by Arthur N. Bailey Jr.

Catholic Answers, et al. (Merits), Amicus Curiae, represented by Charles S. Limandri

Catholics for the Common Good and the Marriage Law Project, Amicus Curiae, represented by Robert A. Destro

Cato Institute and Constitutional Accountability Center, Amicus Curiae, represented by Elizabeth B. Wydra

Center for Constitutional Jurisprudence, Amicus Curiae, represented by John C. Eastman

Chris Kluwe and Brendon Ayanbadejo, Amicus Curiae, represented by John A. Dragseth

Coalition for the Protection of Marriage (Merits), Amicus Curiae, represented by Monte Neil Stewart

Coalition of African American Pastors USA, et al., Amicus Curiae, represented by Lynn Dennis Wardle

Columbia Law School Sexuality & Gender Law Clinic, et al., Amicus Curiae, represented by Suzanne B. Goldberg

Concerned Wom,en for America, Amicus Curiae, represented by Holly L. Carmichael

Constitutional Law and Civil Procedure Professors Erwin Chermerinsky and Arthur Miller, Amicus Curiae, represented by Elizabeth J. Cabraser

Constitutional Law Scholars Bruce Ackerman, et al., Amicus Curiae, represented by Lori Alvino McGill

David Benkof, et al., Amicus Curiae, represented by Herbert G. Grey

David Boyle (Merits), Amicus Curiae, represented by David C. Boyle

Declaration Alliance & United States Justice Foundation, Amicus Curiae, represented by Gary G. Kreep

Dr. Maria Nieto, Amicus Curiae, represented by David A. Kettel

Dr. Paul McHugh (Merits), Amicus Curiae, represented by Gerard V. Bradley

Eagle Forum Education & Legal Defense Fund, Inc., Amicus Curiae, represented by Lawrence J. Joseph

Edward D. Stein, et al., Amicus Curiae, represented by Frederick A. Brodie

Equality California, Amicus Curiae, represented by Christopher Gerald Caldwell

Ethics and Public Policy Center, Amicus Curiae, represented by M. Edward Whelan

Family Equality Council, et al., Amicus Curiae, represented by Katherine Keating

Family Research Council (Merits), Amicus Curiae, represented by Paul Benjamin Linton

Foreign and Comparative Law Experts Harold Hongju Koh, et al., Amicus Curiae, represented by Ruth N. Borenstein

Foundation for Moral Law, Amicus Curiae, represented by John A. Eidsmoe

Garden State Equality, Amicus Curiae, represented by Lawrence S. Lustberg

Gary J. Gates, Amicus Curiae, represented by Marjorie P. Lindblom

GLMA: Health Professionals Advancing LGBT Equality (Gay Lesbian Medical Association) concerning the immutability of sexual orientation, Amicus Curiae, represented by Nicholas M. O'Donnell

Helen M. Alvare, Amicus Curiae, represented by Helen M. Alvare

High Impact Leadership Coalition, Amicus Curiae, represented by Cleta Mitchell

Hon. Judith S. Kaye (Ret.), et al., Amicus Curiae, represented by Ethan P. Schulman

Howard University School of Law Civil Rights Clinic, Amicus Curiae, represented by Aderson B. Francois

Indiana, et al., Amicus Curiae, represented by Thomas M. Fisher

International Human Rights Advocates, Amicus Curiae, represented by Tejinder Singh

International Jurists and Academics (Merits), Amicus Curiae, represented by W. Cole Durham Jr.

Jonathan Wallace, Meri Wallace, and Duncan Pflaster, Amicus Curiae, represented by Jonathan D. Wallace

Judicial Watch, Inc., et al, Amicus Curiae, represented by Paul J. Orfanedes

Kenneth B. Mehlman, et al., Amicus Curiae, represented by Seth P. Waxman

Lambda Legal Defense and Education Fund, Inc., et al., Amicus Curiae, represented by Jon W. Davidson

Leadership Conference on Civil and Human Rights, et al., Amicus Curiae, represented by Jonathan S. Franklin

Leon R. Kass, et al., Amicus Curiae, represented by Nelson Lund

Liberty Counsel, Inc. and Campaign for Children, Amicus Curiae, represented by Mathew D. Staver

Liberty, Life and Law Foundation, et al. (Merits), Amicus Curiae, represented by Deborah Dewart

Lighted Candle Society, Amicus Curiae, represented by George M. Weaver

Marriage Anti-Defamation Alliance, Amicus Curiae, represented by Michael D. Dean

Marriage Equality USA, Amicus Curiae, represented by Martin N. Buchanan

Massachusetts, et al., Amicus Curiae, represented by Jonathan B. Miller

Matthew B. O'Brien (Merits), Amicus Curiae, represented by Kristen Kellie Waggoner

Michigan, Amicus Curiae, represented by John J. Bursch

Minnesota for Marriage, Amicus Curiae, represented by Teresa Stanton Collett

National Association of Evangelicals, et al., Amicus Curiae, represented by Von G. Keetch

National Center for Lesbian Rights, Amicus Curiae, represented by Shannon P. Minter

National Organization for Women Foundation and the Feminist Majority Foundation, Amicus Curiae, represented by Rebecca Edelson

National Women's Law Center, et al., Amicus Curiae, represented by David C. Codell

Organization of American Historians and the American Studies Association, Amicus Curiae, represented by Catherine E. Stetson

Pacific Legal Foundation, et al., Amicus Curiae, represented by Harold E. Johnson

Parents and Friends of Ex-Gays & gays (Merits), Amicus Curiae, represented by Dean Robert Broyles

Parents, Families and Friends of Lesbians and Gays, Inc., Amicus Curiae, represented by Andrew J. Davis

Patrick Henry College, Amicus Curiae, represented by Michael P. Farris

Political Science Professors, Amicus Curiae, represented by Robert A. Long Jr.

Professor Daniel N. Robinson, Ph.D., Amicus Curiae, represented by Kevin T. Snider

Public Advocate of the United States, et al., Amicus Curiae, represented by William J. Olson

Rev.Rick Yramategui, et al., Amicus Curiae, represented by William Kendal Rentz

Robert P. George, et al. (Merits), Amicus Curiae, represented by Robert P. George

scholars of history and related disciplines, Amicus Curiae, represented by William C. Duncan

Social Science Professors, et al. (Merits), Amicus Curiae, represented by Abram J. Pafford

Southern Poverty Law Center, Amicus Curiae, represented by Jon B. Streeter

Survivors of Sexual Orientation Change Therapies, Amicus Curiae, represented by Sanford Jay Rosen

The Becket Fund for Religious Liberty (Merits), Amicus Curiae, represented by Eric C. Rassbach

the United States, Amicus Curiae, represented by Donald B. Verrilli Jr.

thirty-seven scholars of federalism and judicial restraint, Amicus Curiae, represented by Robert F. Nagel

Thomas More Law Center and Chuck Storey, Imperial County Clerk (Merits), Amicus Curiae, represented by Richard Thompson

United States Conference of Catholic Bishops, Amicus Curiae, represented by Anthony R. Picarello Jr.

Utah Pride Center, et al., Amicus Curiae, represented by Paul C. Burke

Walter Dellinger, Amicus Curiae, represented by Irving L. Gornstein

Westboro Baptist Church in support of neither party, Amicus Curiae, represented by Margie J. Phelps

William N. Eskridge Jr., et al., Amicus Curiae, represented by Kathleen M. O'Sullivan

William N. Eskridge, Jr., et al., Amicus Curiae, represented by Kathleen Murray O'Sullivan

Women's Equal Rights Legal Defense and Education Fund, Amicus Curiae, represented by Gloria R. Allred