Case: 09-17241 12/30/2009 Page: 1 of 3 DktEntry: 7179397 FILED FOR PUBLICATION DEC 30 2009

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

KRISTIN M. PERRY; SANDRA B. No. 09-17241 STIER; PAUL T. KATAMI; JEFFREY J. ZARRILLO, D.C. No. 3:09-cv-02292-VRW

Plaintiffs - Appellees, ORDER and

CITY AND COUNTY OF SAN FRANCISCO,

Plaintiff-intervenor,

v.

ARNOLD SCHWARZENEGGER, in his official capacity as Governor of California; EDMUND G. BROWN, Jr., in his official capacity as Attorney General of California; MARK B. HORTON in his official capacity as Director of the California Department of Public Health & State Registrar of Vital Statistics; LINETTE SCOTT, in her official capacity as Deputy Director of Health Information & Strategic Planning for the California Department of Public Health; PATRICK O’CONNELL, in his official capacity as Clerk-Recorder for the County of Alameda; DEAN C. LOGAN, in his official capacity as Registrar- Case: 09-17241 12/30/2009 Page: 2 of 3 DktEntry: 7179397

Page 2

Recorder/County Clerk for the County of Los Angeles,

Defendants,

and

DENNIS HOLLINGSWORTH; GAIL J. KNIGHT; MARTIN F. GUTIERREZ; HAK-SHING WILLIAM TAM; MARK A. JANSSON; PROTECTMARRIAGE.COM - YES ON 8, A PROJECT OF CALIFORNIA RENEWAL,

Defendant-intervenors - Appellants.

KRISTIN M. PERRY; SANDRA B. No. 09-17551 STIER; PAUL T. KATAMI; JEFFREY J. ZARRILLO, D.C. No. 3:09-cv-02292-VRW

Plaintiffs - Appellees,

and

OUR FAMILY COALITION; LAVENDER SENIORS OF THE EAST BAY; PARENTS, FAMILIES, AND FRIENDS OF LESBIANS AND GAYS, CITY AND COUNTY OF SAN FRANCISCO,

Plaintiff-intervenors - Case: 09-17241 12/30/2009 Page: 3 of 3 DktEntry: 7179397

Page 3

Appellees,

v.

ARNOLD SCHWARZENEGGER; EDMUND G. BROWN, Jr.; MARK B. HORTON; LINETTE SCOTT; PATRICK O’CONNELL; DEAN C. LOGAN,

Defendants,

and

DENNIS HOLLINGSWORTH; GAIL J. KNIGHT; MARTIN F. GUTIERREZ; HAK-SHING WILLIAM TAM; MARK A. JANSSON; PROTECTMARRIAGE.COM - YES ON 8, A PROJECT OF CALIFORNIA RENEWAL,

Defendant-intervenors - Appellants.

Before: THOMAS, Circuit Judge and En Banc Coordinator.

A judge of this court called for this case to be reheard en banc. A vote was

taken, and a majority of the nonrecused active judges of the court did not vote in

favor of en banc consideration. The call for rehearing en banc is DENIED. The

case is returned to the three-judge panel.