USA: Ted Olsen Talks Prop 8; Deguadio Brief; Utah Group Brief; SCOTUS Rallies

Written by scott on February 1st, 2013

US Supreme CourtLots of news today, too, on the DOMA/Prop 8 front. To start, There’s a great column by Ted Olsen (one of the Prop 8 case attorneys) over on the AFER site on the Prop 8 and DOMA cases:

“The best outcome of those two cases is that once and for all–and maybe this is too much to ask–but once and for all, the United States Supreme Court will say that people are entitled to equal treatment under the law, and under the Constitution irrespective of their sexual orientation–that they cannot be fenced off from constitutional rights, from the fundamental right to marry and other fundamental rights simply because of their sexual orientation.”

News on several other amicus briefs too, starting with our old nemesis Eugene Delguadio, in which he basically repeats the whole “being gay is a choice” canard. Joe.My.God reports:

Gay men and lesbian women have not been treated to a history of discrimination based on a “trait.” There is no evidence that such people have been discriminated against on the basis of a characteristic or a propensity. For example, in the enforcement of the criminal law prohibiting sodomy,there must be proof of an actus reus. Likewise, in the enforcement of the law of marriage, a homosexual pair is being denied a marriage license on the ground of sexual behavior, not sexual orientation.

LGBTQ Nation reports that Utah Pride also plans to file a brief:

Utah Pride’s legal team will encourage the U.S. Supreme Court to apply heightened scrutiny to review laws that discriminate against LGBTQ citizens, and argue that the U.S. Supreme Court should recognize that every American has the constitutional right to marry the person they love.

And a new site has been launched by Get Equal to list the rally sites for marriage equality on the days of the Supreme Court hearings:

We’re marching for justice, and we hope you’ll join us! If you’re interested in either organizing or attending an event during the Supreme Court hearings on marriage equality in March 2013, click the button below!

So far, there are 15 events listed, mostly on the East Coast. If you can attend one, or better yet, start a new one, check out the site.


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