USA: Prop 8 / Defense of Marriage Act Updates 3/19/13

Written by scott on March 19th, 2013

Defense of Marriage ActJust a week until the Supreme Court hears arguments in the Prop 8 and Defense of Marriage Act cases. A few updates:

Over at The Huffington Post, Ted Johnson wonders if Hillary Clinton and Senator Rob Portman will have any impact on the Court’s decision:

The partisan composition of the court has not changed since the Prop 8 suit was filed, almost four years ago, but public opinion has. This is where organizations like Freedom to Marry, the American Foundation for Equal Rights, the Human Rights Campaign and other groups have been so successful, illuminating this shift in the spectrum of amicus briefs filed in the cases and in the publicity leading up to the arguments. If there’s worry among the justices in getting ahead of history, or of creating another Roe v. Wade era of polarization, the messaging on the side of marriage equality is that a bipartisan consensus is building. In other words, there is safety in knowing where it is headed.

Former GOP Senator Jim DeMint, now head of the right-wing Heritage Foundation, wants people to march in DC against marriage equality. The Advocate reports:

As the Supreme Court prepares to hear two cases relating to marriage equality — one regarding the constitutionality of California’s Proposition 8 and another challenging the so-called Defense of Marriage Act — the Heritage Foundation and NOM are organizing a March for Marriage in Washington, D.C. on March 26, when the court will hear the DOMA case. In a video message released today, DeMint calls for support on “something vitally important to the health of our nation: marriage.” DeMint then enumerates why marriage needs such fervent protection. Apparently, it’s because of all those babies born out of wedlock.

Over at the Dish, Andrew Sullivan hilights the idea that a 50 state ruling supporting marriage equality could actually be beneficial to the GOP. His reasoning?

A Supreme Court decision imposing gay marriage nationwide will not only make this problem go away, but it will also give Republican politicians a useful scapegoat to impotently shake their fists at. They can say they wish they could continue the fight against gay marriage, but alas, those judicial activists at the Supreme Court have made it impossible. And then, gradually, everyone who cares about stopping gay marriage will grow old and die, and we can stop talking about the issue.

Sounds an awful lot like the fight over Obamacare, doesn’t it?

Over at AFER, they’re reporting that the Prop 8 proponents have filed their final brief:

This is the last and final brief before AFER’s attorneys face them a week from today at oral argument. As you’d expect, it recycles the same, flawed arguments they’ve been using in our case for the past four years. The Prop. 8 Proponents’ arguments boil down to this: The Constitution does not protect right of every American to marry the person they love. California can single out its gay and lesbian citizens for unequal, second-class treatment under the law. Government can treat its gay and lesbian citizens as separate and inferior.

Queerty updates us on the plans for marriage equality rallies across the US this next week:

On March 26 and 27, the Supreme Court will hear challenges to the Defense of Marriage Act and California’s Proposition 8, two cases that will decide the future of gay marriage equality in the U.S. To surge support, United for Marriage has organized 150 events in all 50 states as part of its Light the Way to Justice campaign. At the center of the demonstrations is a rally in Washington D.C. outside of the Supreme Court on the 26th and 27th at 8:30 am, which you can register for here.

See the event list here.

Two of Jersey’s finest have weighed in on the case, as reports:

Just days before the Supreme Court will be considering the Defense of Marriage Act and California’s Proposition 8, both of which prohibit same-sex marriage, the Jersey Shore stars hope the justices strike down both. “They better pass it,” JWoww said. “They better. Or I’ll come for them.” Snooki concurred: “Yeah. I will find you, and I will kill you,” she said.

Wanna talk about the cases? The Washington Post and Pride Plus each have announced Google Hangout series where you can talk to folks in the know on both cases, and marriage equality in general. From the Politics and Elections blog:

Starting tomorrow at 2 p.m. EDT, you can view a series of Google+ Hangouts exploring the issues related to the same-sex marriage debate. The “State of our Unions” Hangout series will include Washington Post journalists and writers such as Chris Cillizza, Nia Malika-Henderson, Jonathan Capehart, Liz Tenety and Robert Barnes as well as participating organizations The Advocate, The Center for American Progress, The Family Equality Council, Gay & Lesbian Advocates & Defenders, The Heritage Foundation, SCOTUSblog, and Third Way (#stateofourunion).

See details and links at the link above.

Our friends at AFER (the organization that brought the Prop 8 case to trial) are planning a briefing for reporters at 1 PM EST Thursday:

The American Foundation for Equal Rights (AFER), the sole sponsor of the Perry case, will hold a national media conference call at 1:30 p.m. EST/10:30 a.m. PST to discuss the upcoming oral argument before the Supreme Court. Speaking on the call with be Plaintiffs Kris Perry and Sandy Stier, and Paul Katami and Jeff Zarrillo; Plaintiffs’ lead co-counsel David Boies and Plaintiffs’ counsel Theodore J. Boutrous, Jr.; San Francisco City Attorney Dennis Herrera; and AFER executive director Adam Umhoefer.

If you’re interested, contact for more info.

Just 7 more days.


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