USA: The Family Research Council Files DOMA, Prop 8 Briefs

Written by scott on January 29th, 2013

Family Research CouncilJoe.my.God is reporting that the FRC has now filed its brief with the US Supreme Court on the DOMA case. One spurious claim – DOMA did not intend to discriminate against gays:

Even assuming, for purposes of disparate impact analysis, that sexual orientation is to be treated in the same manner as race or gender and subject to heightened scrutiny, neither plaintiff nor the Government has cited any evidence that even remotely supports the conclusion that in enacting § 3 of the Defense of Marriage Act, Congress, as opposed to certain individual members thereof, had the intent or purpose to discriminate against homosexuals who wish to marry someone of the same sex, rather than the mere knowledge that § 3 could have a disparate impact on them.

Yes, congres was just full of christlove that day… extra points for recognizing the reference. :)

Joe also reports on FRC’s Prop 8 brief, and guess what? Same (il)logic applies here:

Even assuming, for purposes of disparate impact analysis, that sexual orientation is to be treated in the same manner as race or gender and subject to heightened scrutiny, plaintiffs have cited no competent evidence that even remotely supports the conclusion that in adopting Proposition 8, the People of California had the intent or purpose to discriminate against homosexuals who wish to marry someone of the same sex, as opposed to the knowledge that Proposition 8 could have a disparate impact on them.

So the FRC has given the Supreme Court a convenient way out – just rule that there actually is no animus here. Will they see through this ploy? Do they want to? We’ll see in June or July…

In related news, AmericaBlog reports that President Obama’s own past statements on marriage equality have come back to bite him (and us) in one of the amicus briefs supporting Prop 8:

On page 27, they quote Obama acknowledging in an interview last year that many people “feel very strongly” about preserving the traditional definition of marriage because they “care about families.” And on page 60, they quote Obama disclaiming any desire to “nationalize the issue” of gay marriage — in effect claiming Obama as their ally in the argument that Prop 8 should not be struck down.

Which just rachets up the pressure a little more for the White House to file their own amicus brief agains Prop 8 and DOMA.

 

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