Prop 8 update: City Attorney Herrera issues formal memorandum

To journalists, editors and interested parties:
I’m writing to provide another brief update on the Prop 8 case (called Hollingsworth v. Perry) currently before the U.S. Supreme Court, on which we expect to see a ruling before the end of this month. Three items:
  1. Formal City Attorney memorandum on Perry released
  2. Opinions that the U.S. Supreme Court will issue tomorrow, Thursday, June 13
  3. Monday Morning Updates

1. Formal City Attorney memorandum on Perry released

First, City Attorney Herrera today released a formal memorandum entitled Hollingsworth v. Perry. Possible Outcomes and Next Steps to the Assessor-Recorder and County Clerk’s Offices, because those two offices hold responsibility for issuing and recording marriage licenses. Mayor Lee, the Board of Supervisors, and City Administrator Naomi Kelly were also included as recipients to make sure everyone is informed for the City’s planning purposes. You’ll recall I promised to get you this memo in the Prop 8 update I sent on June 5, and I’ve attached it to this email for your convenience. You may recognize some of the content from the memo for its similarity to that update, but it also offers additional detail about the City Attorney’s legal analysis of possible issues, and arguments the City would make should a standing ruling on Prop 8 result in further litigation.

2. Opinions that the U.S. Supreme Court will issue tomorrow, Thursday, June 13

Second, the U.S. Supreme Court is expected to issue opinions in argued cases tomorrow, on Thursday, June 13, at approximately 10 a.m. EDT (7 a.m. PDT). As I’ve mentioned previously, the high court does not make known which cases it intends to rule on, so we don’t know if Prop 8 will be among the rulings that comes out tomorrow. Most Supreme Court pundits expect the Prop 8 and DOMA decisions to be among the last opinions issued, toward the end of the month. Still, Supreme Court pundits have been wrong before. So, prudence probably suggests that you or someone from your news organization check the U.S. Supreme Court’s website (at or SCOTUSblog (at tomorrow morning around 7 a.m. PDT to see if either decision is issued.

3. Monday Morning Updates

Finally, as I also mentioned in my previous June 5 update on the Prop 8 case, the high court typically makes known on Mondays which days it plans to issue decisions for the coming week (though, again, it won’t reveal which cases it intends to rule on). The court also issues rulings on Monday mornings, so be sure to check the websites on Monday mornings at 7 a.m. PDT as well. Until the Prop 8 ruling comes out, I plan to send out a brief “Monday Morning Update” to let you know which days to be on alert for possible forthcoming rulings. So, you can probably expect those on the next couple of Mondays: June 17 and 24.

Finally, when the Prop 8 ruling comes out — no matter what the outcome — I will send out a media advisory about a news conference or celebratory event (or both) at City Hall as soon afterwards as possible.

If you have any questions, feel free to let me know.

Press Secretary

San Francisco City Hall, Room 234
1 Dr. Carlton B. Goodlett Place
San Francisco, California 94102-4682

(415) 554-4662 Direct
(415) 554-4700 Reception
(415) 554-4715 Facsimile
(415) 554-6770 TTY
Related Documents:

PDF iconPDF of the City Attorney’s formal memorandum to clients: Hollingsworth v. Perry. Possible Outcomes and Next Steps (June 12, 2013)