USA: More Amicus Briefs in Marriage Equality Cases

Written by scott on February 2nd, 2013

Defense of Marriage ActIn today’s news on the Defense of Marriage Act and Prop 8 cases before the US Supreme Court, there are several new friend of the court briefs to talk about.

The first is from the infamous Citizens United group – yes, the same folks that brought us practically unlimited campaign financing with little-to-no oversight.

And this time, they’re going after the Supreme Court ruling that cleared the way for desegregation as a way to block marriage equality, as Think Progress reports:

Yet an amicus brief they recently filed in the Supreme Court backing the unconstitutional Defense of Marriage Act would not simply deny marriage equality to gay people, it calls upon the Supreme Court to toss out a landmark decision ending public school segregation in the District of Columbia and declare that the federal government is free to discriminate against minorities and women.

Think Progress explains:

To translate this a bit, the Fourteenth Amendment provides that “[n]o State shall . . . deny to any person within its jurisdiction the equal protection of the laws,” and thus this guarantee against discrimination explicitly applies only to state laws and not to the federal government. On the same day that the Supreme Court handed down Brown v. Board of Education, however, the Court also held in Bolling that a shield against public school segregation is one of the liberties protected by the Fifth Amendment, which does apply to the federal government. Thus, the District of Columbia, which is a federal entity, could not have segregated public schools.

Joe.My.God reports that PFOX, the organization of “ex-gays”, has filed their own brief, claiming homosexuality is a choice:

In the brief PFOX cites the 2009 DC Superior Court ruling that “ex-gays” are to be afforded anti- discrimination protection as a distinct sexual orientation. The brief goes on to declare that nobody is born gay, that homosexuality is “chosen.”

Same-old, same-old.


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